2010-11 NYS Executive Budget Public Protection and General Government Article VII … · ARTICLE VII LEGISLATION 2010-11 NEW YORK STATE EXECUTIVE BUDGET PUBLIC PROTECTION AND GENERAL

2010-11 NEW YORK STATE EXECUTIVE BUDGET

PUBLIC PROTECTION AND GENERAL GOVERNMENT ARTICLE VII LEGISLATION

2010-11 NEW YORK STATE EXECUTIVE BUDGET

PUBLIC PROTECTION AND GENERAL GOVERNMENT ARTICLE VII LEGISLATION

CONTENTS

PART

DESCRIPTION

STARTING PAGE

NUMBER A Merge the operations of the Crime Victims Board, Office for the Prevention

of Domestic Violence, and the Division of Probation and Correctional Alternatives into the Division of Criminal Justice Services.

6

B Merge the Office of Homeland Security, the State Emergency Management Office, the State 911 Board, the Office of Cyber Security and Critical Infrastructure Coordination, and the Office of Fire Prevention and Control into a re-constituted agency named the Division of Homeland Security and Emergency Services.

65

C Establish the Division of Criminal Justice Services as the administrating agency for the Rape Crisis Program and remove the Department of Health from this responsibility.

115

D Relieve local probation departments of certain mandates and change the method of distributing State probation aid.

117

E Create a State entity to oversee the delivery of indigent defense services statewide.

122

F Authorize counties to create an office of conflict defender as part of a plan to provide representation for indigent defendants.

128

G Expand the number of offenders that must submit a DNA sample to the State.

130

H Establish a program for photo-monitoring enforcement of speed limits in work zones and designated stretches of highway.

134

I Reduce the Board of Parole from 19 to 13 members.

138

J Provide greater flexibility in the administration of local jails by altering segregation rules for certain inmates, authorizing broader use of video conferencing, authorizing men and women to share infirmaries, and permitting voluntary inmate work at not-for-profit corporations.

139

K Authorize increases to Judiciary civil fees to support indigent legal services for both criminal and civil matters and for the rising costs of court operations.

142

PART

DESCRIPTION

STARTING PAGE

NUMBER L Provide additional flexibility for towns and villages to consolidate justice

courts and their facilities.

144

M Require the Judiciary to provide a public accounting of the expected impact on local governments of any new or expanded program mandated by its rules and regulations.

146

N Enable local governments to finance costs associated with the development of public safety communications systems through the Municipal Bond Bank Agency.

146

O Abolish the State Employment Relations Board and shift its responsibilities to the Public Employment Relations Board.

151

P Repeal the requirement that contractors collect a fee on sales from centralized contracts administered by the Office of General Services.

156

Q Collect surplus funds from Workers Compensation insurance carriers.

156

R Protect injured workers' benefits and ensure that employers who participate in self-insured groups and group administrators fully meet their future fiscal responsibilities.

156

S Establish joint appointing authority for the Statewide Financial System Project.

161

T Provide the New York State Health Insurance Program the option to operate as a self-insured plan.

161

U Require State employees and retirees to contribute to Medicare Part B premiums.

174

V Provide the State and local governments outside of New York City the option to amortize a portion of pension contribution costs during a six year period, in order to provide substantial financial relief.

174

W Merge the State Board of Real Property Services and the State Office of Real Property Services into the Department of Tax and Finance.

211

X Authorize electronic reporting of property assessment information and e-filing of real property transfer forms.

229

Y Restructure State aid for local governments to assess real property at full value.

232

Z Reduce funding to local governments under the Aid and Incentives for Municipalities (AIM) Program.

234

PART

DESCRIPTION

STARTING PAGE

NUMBER AA Reduce State aid provided to municipalities in which a video lottery

gaming facility is located.

236

BB Place a four-year moratorium on new unfunded legislative mandates on local governments and school districts.

237

CC Repeal the multiple bidding requirements for schools.

239

DD Set the interest rate paid on judgments by local governments, the State and certain public corporations, at market rates.

241

EE Provide local governments with additional flexibility to restructure and share services.

242

FF Increase procurement flexibility for local governments and the State.

244

GG Provide additional oversight and accountability for commissioner-run special districts.

251

HH Provide local governments with additional revenue options.

256

II Allow the New York City Transitional Finance Authority to issue Qualified School Construction Bonds as sinking fund bonds.

260

JJ Provide authorization for transfers, temporary loans and amend miscellaneous capital/debt provisions, including bond caps.

260

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STATE OF NEW YORK________________________________________________________________________

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SENATE - ASSEMBLYJanuary 19, 2010

___________

IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-cle seven of the Constitution -- read twice and ordered printed, andwhen printed to be committed to the Committee on Finance

IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant toarticle seven of the Constitution -- read once and referred to theCommittee on Ways and Means

AN ACT to amend the executive law, the vehicle and traffic law, thestate finance law, the labor law, the public health law, the socialservices law, the criminal procedure law, the family court act, thepublic officers law, the general municipal law, the penal law, thecorrection law, the surrogate's court procedure act, the court ofclaims act, the civil practice law and rules, the real property taxlaw, the administrative code of the city of New York, the environ-mental conservation law, the parks, recreation and historic preserva-tion law and the mental hygiene law, in relation to merging the crimevictims board, the division of probation and correctional alternativesand the office for the prevention of domestic violence into the divi-sion of criminal justice services; and to repeal certain provisions ofthe executive law and the judiciary law relating thereto (Part A); toamend the executive law, in relation to disaster preparedness; inrelation to the intrastate mutual aid program; to amend the executivelaw, the state finance law, the county law and the tax law, inrelation to consolidating the office of homeland security, the stateemergency management office, and the office of fire prevention andcontrol within the department of state; to amend the executive law, inrelation to duties of the division of homeland security and emergencyservices, the state fire administrator and the office of fireprevention and control; to amend the county law, in relation to firetraining and mutual aid programs; to amend the general business law,in relation to approval of electrical devices; to amend the generalmunicipal law, in relation to duties of the fire chief, and the firemobilization and mutual aid plan; to amend the insurance law, inrelation to information in reports of fire losses; to amend the statefinance law, in relation to reimbursement for firefighting costs andfunds for volunteer firefighting and emergency service providers; toamend the vehicle and traffic law, in relation to vehicles operated by

EXPLANATION--Matter in italics (underscored) is new; matter in brackets_______[ ] is old law to be omitted.

LBD12670-01-0

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officials of the office of fire prevention and control; to amend thecriminal procedure law, in relation to arson investigation; and toamend the executive law, in relation to fire safety standards of ciga-rettes, and to repeal certain provisions of the county law and theexecutive law relating thereto (Part B); to amend the executive lawand the civil practice law and rules, in relation to establishing arape crisis program in the division of criminal justice services andremove the program from the department of health; and to repeal subdi-vision 15 of section 206 and article 6-A of the public health lawrelating thereto (Part C); to amend the criminal procedure law and thepenal law, in relation to terms of probation; to amend the criminalprocedure law, in relation to probation mandate relief; to amend theexecutive law, in relation to the manner in which probation aid isdistributed; to amend the penal law and the criminal procedure law, inrelation to warrants, the probation detainer warrant pilot project andmodification and extension thereof, waiver of extradition, conditionsof probation, and restitution; and to amend chapter 377 of the laws of2007 amending the correction law and the criminal procedure law relat-ing to establishing a probation detainer warrant pilot project, inrelation to the effectiveness thereof (Part D); to amend the executivelaw, in relation to creating in the division of criminal justiceservices the office of indigent defense; and to amend the statefinance law, in relation to the distribution of monies from the indi-gent legal services fund (Part E); to amend the county law, inrelation to permitting counties to establish an office of conflictdefender and providing for the repeal of such provisions upon expira-tion thereof (Part F); to amend the executive law, in relation to thecollection of DNA; and to amend the penal law, in relation to condi-tions of probation and conditional discharge and refusal to provide aDNA sample (Part G); to amend the vehicle and traffic law, in relationto the denial of registration or renewal for certain violations; inrelation to the suspension of registration for failure to answer orpay penalties with respect to certain violations; and in relation toestablishing a photo-monitoring program to impose fines for failing toobey work zone speed limits and for failing to obey certain postedspeed limits (Part H); to amend the executive law, in relation toreducing the board of parole maximum membership from nineteen to thir-teen and to reduce the term of office from six to five years (Part I);to amend the correction law, in relation to the housing of personsnineteen, twenty and twenty-one years of age with the department ofcorrectional services; to amend the criminal procedure law, inrelation to permitting electronic appearances in certain courtproceedings; and to amend the correction law, in relation to permit-ting the commingling of inmates in local correctional infirmaries andto allow prisoners to voluntarily work for nonprofit organizations(Part J); to amend the judiciary law, the civil practice law andrules, the uniform district court act, the uniform city court act, andthe New York city civil court act, in relation to the increase ofcertain civil court fees (Part K); to amend the uniform justice courtact, in relation to improving the process for the merging of town andvillage courts (Part L); in relation to requiring the judiciary topublicly account for the impact on local governments from any newprogram or expanded program to be required by its rules and regu-lations (Part M); to amend the public authorities law, in relation tocertain bonds authorized to be issued or purchased by the municipalbond bank agency and to certain financing agreements authorized to be

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executed in connection therewith (Part N); to amend the civil servicelaw, the labor law and the executive law, in relation to abolishingthe state employment relations board and shift responsibilities to thepublic employment relations board; and to repeal certain provisions ofthe labor law relating thereto (Part O); to repeal section 163-c ofthe state finance law, relating to imposition of a centralizedprocurement contract fee (Part P); to collect surplus funds from work-ers' compensation insurance carriers and to prevent such surplusesfrom recurring (Part Q); to amend the workers' compensation law andthe insurance law, in relation to providing the workers' compensationboard with the powers needed to protect injured workers' benefits(Part R); to establish a joint appointing authority for the statefinancial system project (Part S); to amend the civil service law, thestate finance law and the insurance law, in relation to allowing theNew York state employee health insurance plan to have the option to beself insured; and to amend the parks, recreation and historic preser-vation law, in relation to the health benefit plan for employees (PartT); to amend the civil service law, in relation to reimbursement formedicare premium charges (Part U); to amend the retirement and socialsecurity law, in relation to payment by the state of certain employerretirement contributions (Part V); to amend the executive law, thereal property tax law, and the tax law, in relation to merging thestate office of real property services and the state board of realproperty services into the department of taxation and finance; and torepeal certain provisions of the real property tax law and the tax lawrelating thereto (Part W); to amend the real property tax law, thereal property law and the tax law, in relation to establishing a prop-erty taxpayers' disclosure and assessment transparency act and simpli-fying the reporting of data relating to real estate transfers (PartX); to amend the real property tax law, in relation to restructuringthe current aid program to encourage full value reassessments (PartY); to amend the state finance law, in relation to aid and incentivesfor municipalities (Part Z); to amend the state finance law, inrelation to a program of aid to municipalities in which a videolottery gaming facility is located (Part AA); to amend the legislativelaw, in relation to unfunded mandates on local governments and schooldistricts; and providing for the repeal of certain provisions uponexpiration thereof (Part BB); to amend the general municipal law, theeducation law, the public authorities law and chapter 738 of the lawsof 1988 amending the administrative code of the city of New York, thepublic authorities law and other laws relating to the New York cityschool construction authority, in relation to separate specificationsfor public works contracts (Part CC); to amend the general municipallaw, the public housing law, the state finance law and chapter 585 ofthe laws of 1939, relating to the rate of interest to be paid bycertain public corporations upon judgments and accrued claims, inrelation to interest rates paid by certain public corporations (PartDD); to amend the agriculture and markets law and the county law, inrelation to the sharing of the duties of weights and measures betweenmunicipalities; to amend the town law, in relation to residencyrequirements of fire districts and fire companies; and to amend thereal property tax law, in relation to entering into contracts for taxcollection (Part EE); to amend the general municipal law, the economicdevelopment law, the state finance law and the public buildings law,in relation to procurements by local governments; and providing forthe repeal of certain provisions upon expiration thereof (Part FF); to

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amend the town law, in relation to eliminating compensation for townimprovement district commissioners, in relation to the provision ofsanitary services in the areas of towns outside of villages, and inrelation to abolishing the offices of improvement district commission-ers (Part GG); to amend the public officers law, in relation to feesfor accident reports; to amend the general municipal law and the bank-ing law, in relation to permitting local governments to make depositsin credit unions and savings banks; to amend the general municipallaw, in relation to authorizing fees for ambulance service provided bya fire department or fire company; to amend the general municipal law,in relation to authorizing municipalities to charge for the cost ofproviding additional police protection to paid-admission events; toamend the general city law and the village law, in relation toincreasing the rate of tax authorized to be imposed by local grossreceipts taxes; and to repeal certain provisions of the public offi-cers law relating thereto (Part HH); to amend the public authoritieslaw, in relation to federal subsidy bonds of the New York city transi-tional finance authority (Part II); and to provide for the adminis-tration of certain funds and accounts related to the 2010-2011 budget;to authorize certain payments and transfers; to amend the statefinance law, in relation to the school tax relief fund; to amend thestate finance law, in relation to the expiration of certain provisionsthereof; to amend the state finance law, in relation to notes andbonds of the environmental facilities corporation; to amend the statefinance law, in relation to the general debt service fund; to amendthe state finance law, in relation to the issuance of revenue bonds;to amend part RR of chapter 57 of the laws of 2008 providing for theadministration of certain funds and accounts related to the 2008-2009budget, in relation to effectiveness of certain provisions thereof; toamend the state finance law, in relation to variable rate bonds; toamend the state finance law, in relation to mental health servicefacilities financing; to amend the state finance law, in relation tothe sale of state bonds; to amend the state finance law, in relationto the sale of housing bonds and urban renewal bonds; to amend thestate finance law, in relation to federal interest subsidy payments;to amend the public authorities law, in relation to cultural educationfacilities; to amend the public authorities law, in relation tolibrary construction; to amend the public authorities law, in relationto voting of directors of the local government assistance corporation;to amend part P of chapter 57 of the laws of 2005, amending the educa-tion law relating to establishing a program of capital financing forpublic broadcasting stations, in relation to the effectiveness ofcertain provisions thereof; to amend the public authorities law, thejudiciary law, the education law, the state finance law, chapter 57 ofthe laws of 2004, amending the education law and other laws relatingto the calculation and payment of state aid to school districts andboards of cooperative educational services, chapter 57 of the laws of2005, amending the labor law and other laws relating to implementingthe state fiscal plan for the 2005-2006 state fiscal year, chapter 83of the laws of 1995, amending the state finance law and other lawsrelating to state finances, chapter 7 of the laws of 1989, authorizingthe New York state urban development corporation to assist the statein restructuring certain payment requirements, chapter 190 of the lawsof 1990, amending the tax law relating to certain taxes, fees andother impositions, chapter 61 of the laws of 2005, providing for theadministration of certain funds and accounts related to the 2005-2006

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budget, chapter 81 of the laws of 2002, providing for the adminis-tration of certain funds and accounts related to the 2002-2003 budget,chapter 60 of the laws of 2006, relating to providing for adminis-tration of certain funds and accounts related to the 2006-2007 budget,chapter 389 of the laws of 1997, providing for the financing of thecorrectional facilities improvement fund and the youth facilityimprovement fund, chapter 18 of the laws of 2008, amending the racing,pari-mutuel wagering and breeding law and other laws relating toracing corporations and associations, chapter 432 of the laws of 1997,amending the state finance law and other laws relating to the trans-portation, economic development and environmental conservation budget,chapter 796 of the laws of 1992, providing for enhancements to thecenter for science and technology on the campus of Syracuse Universityand the Cornell super computer center on the campus of Cornell Univer-sity, chapter 684 of the laws of 1986, relating to providing for theconstruction of the center for computers, microelectronics and tele-communications on the campus of Columbia University in the city of NewYork, chapter 839 of the laws of 1987, constituting the omnibuseconomic development act of 1987, chapter 258 of the laws of 1993,relating to the development of sports facilities, chapter 61 of thelaws of 2000, authorizing bonds for the strategic investment program,chapter 84 of the laws of 2002, chapter 3 of the laws of 2004, chapter59 of the laws of 2004, chapter 58 of the laws of 2006, and chapter 56of the laws of 2009, authorizing the New York state urban developmentcorporation and the dormitory authority of the state of New York toissue bonds and notes, chapter 59 of the laws of 2005, relating to theurban development corporation bonding authority and relating to theauthority of the urban development corporation and the dormitoryauthority to issue bonds, chapter 62 of the laws of 2003 and chapter161 of the laws of 2005, authorizing the urban development corporationto issue bonds, chapter 35 of the laws of 1979, relating to appropri-ating funds to the New York state urban development corporation, theNew York state urban development corporation act, the New York statemedical care facilities finance agency act, chapter 329 of the laws of1991, amending the state finance law and other laws relating to theestablishment of the dedicated highway and bridge trust fund; and toamend part R-1 of chapter 109 of the laws of 2006 relating to dormito-ry authority bonds, in relation to state-supported debt; and providingfor the repeal of certain provisions upon the expiration thereof (PartJJ)

The People of the State of New York, represented in Senate and Assem-______________________________________________________________________bly, do enact as follows:_________________________

1 Section 1. This act enacts into law major components of legislation2 which are necessary to implement the state fiscal plan for the 2010-20113 state fiscal year. Each component is wholly contained within a Part4 identified as Parts A through JJ. The effective date for each particular5 provision contained within such Part is set forth in the last section of6 such Part. Any provision in any section contained within a Part, includ-7 ing the effective date of the Part, which makes reference to a section8 "of this act", when used in connection with that particular component,9 shall be deemed to mean and refer to the corresponding section of the10 Part in which it is found. Section three of this act sets forth the11 general effective date of this act.

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1 PART A

2 Section 1. Section 240 of the executive law, as amended by chapter3 134 of the laws of 1985, is amended to read as follows:4 § 240. [Division] Office of probation and correctional alternatives[;______5 director]. 1. There shall be in the [executive department a division]6 division of criminal justice services an office of probation and correc-_______________________________________________7 tional alternatives, hereinafter referred to in this article as "the_____________________________________________________8 office". The head of the [division] office shall be the [state] direc-_______ ______9 tor of probation and correctional alternatives, who shall be appointed10 by the [governor by and with the advice and consent of the senate, and11 hold office at the pleasure of the governor by whom he was appointed and12 until his successor is appointed and has qualified] commissioner.____________13 2. The [state] director [of probation and correctional alternatives14 shall have sole charge of the administration of the division of15 probation and correctional alternatives], in consultation with the______________________________16 commissioner, shall coordinate and recommend policy relating to the________________________________________________________________________17 administration of probation services and correctional alternative________________________________________________________________________18 programs throughout the state._____________________________19 3. [The principal office of the division of probation and correctional20 alternatives shall be in the county of Albany] The commissioner, in____________________21 consultation with the director, shall appoint staff and perform such________________________________________________________________________22 other functions to ensure the efficient operation of the office within________________________________________________________________________23 the amounts made available therefor by appropriation.____________________________________________________24 4. As used in this article, the term "director" shall mean the [state]25 director of the office of probation and correctional alternatives,_______________ _26 "office" shall mean the office of probation and correctional alterna-________________________________________________________________________27 tives, "commissioner" shall mean the commissioner of the division of________________________________________________________________________28 criminal justice services and "division" shall mean the division of________________________________________________________________________29 criminal justice services._________________________30 § 2. Section 241 of the executive law is REPEALED.31 § 3. Section 836 of the executive law is amended by adding three new32 subdivisions 7, 8 and 9 to read as follows:33 7. The functions, powers and duties of the former division of______________________________________________________________________34 probation and correctional alternatives as established in article twelve________________________________________________________________________35 of this chapter shall now be considered a function of the division of________________________________________________________________________36 criminal justice services.__________________________37 8. The functions, powers and duties of the former New York state______________________________________________________________________38 office for the prevention of domestic violence as established in article________________________________________________________________________39 twenty-one of this chapter shall now be considered a function of the________________________________________________________________________40 division of criminal justice services.______________________________________41 9. The functions, powers and duties of the former crime victims board______________________________________________________________________42 as established in article twenty-two of this chapter shall now be________________________________________________________________________43 considered a function of the division of criminal justice services.___________________________________________________________________44 § 4. Transfer of employees. Notwithstanding any other provision of45 law, rule, or regulation to the contrary, upon the transfer of functions46 from the division of probation and correctional alternatives to the47 division of criminal justice services pursuant to subdivision 7 of48 section 836 of the executive law, as added by section three of this act,49 all employees of the division of probation and correctional alternatives50 shall be transferred to the division of criminal justice services.51 Employees transferred pursuant to this section shall be transferred52 without further examination or qualification and shall retain their53 respective civil service classifications, status and collective bargain-54 ing unit designations and collective bargaining agreements.

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1 § 5. Transfer of records. All books, papers, and property of the divi-2 sion of probation and correctional alternatives shall be delivered to3 the commissioner of the division of criminal justice services. All4 books, papers, and property of the division of probation and correction-5 al alternatives shall continue to be maintained by the division of crim-6 inal justice services.7 § 6. Continuity of authority. For the purpose of succession of all8 functions, powers, duties and obligations transferred and assigned to,9 devolved upon and assumed by it pursuant to this act, the division of10 criminal justice services shall be deemed and held to constitute the11 continuation of the division of probation and correctional alternatives.12 § 7. Completion of unfinished business. Any business or other matter13 undertaken or commenced by the division of probation and correctional14 alternatives or the director thereof pertaining to or connected with the15 functions, powers, obligations and duties hereby transferred and16 assigned to the division of criminal justice services and pending on the17 effective date of this act, may be conducted and completed by the divi-18 sion of criminal justice services in the same manner and under the same19 terms and conditions and with the same effect as if conducted and20 completed by the division of probation and correctional alternatives.21 § 8. Continuation of rules and regulations. All rules, regulations,22 acts, orders, determinations, and decisions of the division of probation23 and correctional alternatives pertaining to the functions and powers24 herein transferred and assigned, in force at the time of such transfer25 and assumption, shall continue in full force and effect as rules, regu-26 lations, acts, orders, determinations and decisions of the division of27 criminal justice services until duly modified or abrogated by the28 commissioner of the division of criminal justice services.29 § 9. Terms occurring in laws, contracts and other documents. Whenever30 the division of probation and correctional alternatives or the director31 thereof, is referred to or designated in any law, contract or document32 pertaining to the functions, powers, obligations and duties hereby33 transferred to and assigned to the division of criminal justice services34 or the commissioner of the division of criminal justice services, such35 reference or designation shall be deemed to refer to the division of36 criminal justice services or commissioner of the division of criminal37 justice services, as applicable.38 § 10. Existing rights and remedies preserved. No existing right or39 remedy of any character shall be lost, impaired or affected by any40 provisions of this act.41 § 11. Pending actions and proceedings. No action or proceeding pending42 at the time when this act shall take effect, brought by or against the43 division of probation and correctional alternatives or the director44 thereof, shall be affected by any provision of this act, but the same45 may be prosecuted or defended in the name of the commissioner of the46 division of criminal justice services or the division of criminal47 justice services. In all such actions and proceedings, the commissioner48 of the division of criminal justice services, upon application of the49 court, shall be substituted as a party.50 § 12. Transfer of appropriations heretofore made. All appropriations51 or reappropriations heretofore made to the division of probation and52 correctional alternatives to the extent of remaining unexpended or unen-53 cumbered balance thereof, whether allocated or unallocated and whether54 obligated or unobligated, are hereby transferred to and made available55 for use and expenditure by the division of criminal justice services56 subject to the approval of the director of the budget for the same

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1 purposes for which originally appropriated or reappropriated and shall2 be payable on vouchers certified or approved by the commissioner of the3 division of criminal justice services on audit and warrant of the comp-4 troller.5 § 13. Transfer of assets and liabilities. All assets and liabilities6 of the division of probation and correctional alternatives are hereby7 transferred to and assumed by the division of criminal justice services.8 § 14. Subdivision 1 of section 221-a of the executive law, as amended9 by chapter 107 of the laws of 2004, is amended to read as follows:10 1. The superintendent, in consultation with the division of criminal11 justice services, office of court administration, the [division] office______12 of probation and correctional alternatives[,] and the [state] office for___13 the prevention of domestic violence [and the division for women], shall14 develop a comprehensive plan for the establishment and maintenance of a15 statewide computerized registry of all orders of protection issued16 pursuant to articles four, five, six and eight of the family court act,17 section 530.12 of the criminal procedure law and, insofar as they18 involve victims of domestic violence as defined by section four hundred19 fifty-nine-a of the social services law, section 530.13 of the criminal20 procedure law and sections two hundred forty and two hundred fifty-two21 of the domestic relations law, and orders of protection issued by courts22 of competent jurisdiction in another state, territorial or tribal juris-23 diction, special orders of conditions issued pursuant to subparagraph24 (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the25 criminal procedure law insofar as they involve a victim or victims of26 domestic violence as defined by subdivision one of section four hundred27 fifty-nine-a of the social services law or a designated witness or28 witnesses to such domestic violence, and all warrants issued pursuant to29 sections one hundred fifty-three and eight hundred twenty-seven of the30 family court act, and arrest and bench warrants as defined in subdivi-31 sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-32 nal procedure law, insofar as such warrants pertain to orders of33 protection or temporary orders of protection; provided, however, that34 warrants issued pursuant to section one hundred fifty-three of the fami-35 ly court act pertaining to articles three, seven and ten of such act and36 section 530.13 of the criminal procedure law shall not be included in37 the registry. The superintendent shall establish and maintain such38 registry for the purposes of ascertaining the existence of orders of39 protection, temporary orders of protection, warrants and special orders40 of conditions, and for enforcing the provisions of paragraph (b) of41 subdivision four of section 140.10 of the criminal procedure law.42 § 15. The article heading of article 12 of the executive law, as43 amended by chapter 134 of the laws of 1985, is amended to read as44 follows:45 [DIVISION] OFFICE OF PROBATION AND CORRECTIONAL______46 ALTERNATIVES47 § 15-a. Intentionally omitted.48 § 16. Subdivision 2 of section 242 of the executive law, as amended by49 chapter 134 of the laws of 1985, is amended to read as follows:50 2. The present members of the state probation commission who were51 appointed to such commission by the governor shall continue as the52 members of said commission appointed pursuant to paragraph (a) of subdi-53 vision one of this section at the pleasure of the governor, and until54 their successors are appointed and have qualified. The director shall be55 chairman of the commission. No member of said probation commission shall56 receive any compensation for his or her services as a member of such______

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1 commission, but the members shall be entitled to their actual necessary2 expenses incurred in the performance of their duties. The [director]3 commissioner may from time to time assign an employee of the division to____________4 act as secretary to said probation commission. The duties of the members5 of said probation commission shall be to attend the meetings of such6 probation commission, at the time fixed by said commission, or called by7 the chairman of said commission, and to consider all matters relating to8 probation in the state, within the jurisdiction of the [division of9 probation and correctional alternatives] office, and to advise and______10 consult with the director in regard thereto.11 § 17. Subdivisions 1 and 2, paragraph (a) of subdivision 3, and the12 opening paragraph of subdivision 4 of section 243 of the executive law,13 subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision14 2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-15 vision 3 as added by chapter 609 of the laws of 1997, and the opening16 paragraph of subdivision 4 as added by chapter 568 of the laws of 2008,17 are amended to read as follows:18 1. The [director] office shall exercise general supervision over the______19 administration of probation services throughout the state, including20 probation in family courts and shall collect statistical and other21 information and make recommendations regarding the administration of22 probation services in the courts. [He] The office shall endeavor to___________23 secure the effective application of the probation system and the24 enforcement of the probation laws and the laws relating to family courts25 throughout the state. After consultation with the state probation26 commission, [he] the office shall [adopt] recommend to the commissioner__________ _____________________________27 general rules which shall regulate methods and procedure in the adminis-28 tration of probation services, including investigation of defendants29 prior to sentence, and children prior to adjudication, supervision, case30 work, record keeping, and accounting, program planning and research so31 as to secure the most effective application of the probation system and32 the most efficient enforcement of the probation laws throughout the33 state. Such rules shall provide that the probation investigations34 ordered by the court in designated felony act cases under subdivision35 one of section 351.1 of the family court act shall have priority over36 other cases arising under articles three and seven of such act. [Such]37 When duly adopted by the commissioner, such rules shall be binding upon___________________________________________38 all probation officers and when duly adopted shall have the force and39 effect of law, but shall not supersede rules that may be adopted pursu-40 ant to the family court act. [He] The office shall keep [himself]__________41 informed as to the work of all probation officers and shall from time to42 time inquire into and report upon their conduct and efficiency. [He] The___43 office may investigate the work of any probation bureau or probation______44 officer and shall have access to all records and probation offices. [He]45 The office may issue subpoenas to compel the attendance of witnesses or___________46 the production of books and papers. [He] The office may administer oaths__________47 and examine persons under oath. [He] The office may recommend to the__________48 appropriate authorities the removal of any probation officer. [He shall49 transmit to the governor not later than February first of each year an50 annual report of the work of the division of probation and correctional51 alternatives for the preceding calendar year, which shall include such52 information relative to the administration of probation and correctional53 alternatives throughout the state as may be appropriate. He] The office__________54 may from time to time publish reports regarding probation including55 probation in family courts, and the operation of the probation system56 including probation in family courts and any other information regarding

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1 probation as [he] the office may determine provided expenditures for__________2 such purpose are within amounts appropriated therefor.3 2. The [director] office shall exercise general supervision over the______4 utilization of correctional alternative programs throughout the state.5 [He] The office shall collect statistical and other information and make__________6 recommendations regarding the availability, identification, coordination7 and utilization of such programs. The [director] office shall endeavor______8 to facilitate communication and coordination among and between correc-9 tional alternative programs and probation services in order to assist in10 making effective use of such programs. A correctional alternative11 program shall be deemed to refer to those programs, including eligible12 programs as defined in paragraph b of subdivision one of section two13 hundred sixty-one of this chapter, which by themselves, or when used in14 conjunction with one or more programs or with probation services, may15 serve as an alternative to a sentence or disposition of incarceration or16 a portion thereof, and which shall serve the interests of justice. The17 [director] office shall further exercise general supervision over the______18 administration and implementation of alternatives to incarceration19 service plans under the provisions of article thirteen-A of this chap-20 ter. [He] The office shall [adopt] recommend to the commissioner general__________ _____________________________21 rules and regulations which shall regulate methods and procedures in the22 administration and funding of alternative to incarceration service23 plans, and any other correctional alternative program funded by the24 state through the division, including but not limited to issuance of25 quarterly reports as specified by section two hundred sixty-three of26 this chapter. [Such] When duly adopted by the commissioner, such rules____________________________________________27 and regulations shall be binding upon all counties and eligible programs28 that may be funded in such plans and when duly adopted shall have the29 force and effect of law. [He] The office shall keep [himself] informed__________30 as to the development, implementation and utilization of plans and fund-31 ed eligible programs therein and shall from time to time inquire into32 and report upon their work and efficiency. [He] The office shall inves-__________33 tigate the work of any funded plan or eligible program and shall have34 access to their records and offices for such purpose.35 (a) The [director] office shall have the authority to certify to the______36 commissioner [of the division of criminal justice services] those37 correctional alternative programs subject to supervision of the division38 and determined to perform a criminal justice function, as defined in39 subdivision ten of section eight hundred thirty-five of this chapter,40 for the purpose of permitting access to criminal history records for41 criminal justice purposes, subject to the approval of the commissioner42 [of the division of criminal justice services]. Any such correctional43 alternative program may apply for certification to the division in writ-44 ing, on forms prescribed by the division. Such application shall speci-45 fy, at a minimum, the following: the nature and scope of the program;46 the necessity for access to such records related to their criminal47 justice function; the names of employees, and their job titles or posi-48 tions, for whom access is being sought; and any other information the49 division deems necessary. Certification shall include the designation of50 those employees of such programs for whom access to such records is51 authorized. No designated employee shall have access to such records52 until such person has satisfactorily completed appropriate training,53 required by the division [of criminal justice services].54 The [director] office shall [promulgate] recommend to the commissioner______ _____________________________55 rules and regulations which shall include guidelines and procedures on56 the placement of sex offenders designated as level two or level three

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1 offenders pursuant to article six-C of the correction law. Such regu-2 lations shall instruct local probation departments to consider certain3 factors when investigating and approving the residence of level two or4 level three sex offenders sentenced to a period of probation. Such5 factors shall include the following:6 § 18. Subdivision 1 of section 483-d of the social services law, as7 added by chapter 392 of the laws of 2005, is amended to read as follows:8 1. Committee established. There is hereby established within the9 council an out-of-state placement committee comprised of the commission-10 er of children and family services, the commissioner of mental health,11 the commissioner of mental retardation and developmental disabilities,12 the commissioner of education, the commissioner of alcoholism and13 substance abuse services, the commissioner of health, and the director14 of the [division] office of probation and correctional alternatives.______15 § 19. Section 244 of the executive law, as amended by chapter 906 of16 the laws of 1974, is amended to read as follows:17 § 244. Hostels and foster homes. 1. The [director] office is hereby______18 authorized to provide or to pay for care in a hostel or foster home19 approved by [him] the office as suitable for such cases for any proba-__________20 tioner or parolee under the age of twenty-one years when the parole21 board or a judge of a court determines that there is no other suitable22 home for such probationer or parolee and that such probationer or paro-23 lee should be placed in such hostel or foster home. In addition to24 payment for such care, when ordered by the board or court, the [direc-25 tor] office is authorized to provide or pay for clothing and other______26 necessities, including medical and psychiatric treatment, required for27 the welfare of such probationer or parolee. The [director] office may______28 also provide or contract for such care in any suitable facility operated29 by a department of correction or by any other public or voluntary social30 welfare agency, institution or organization. A court with respect to31 such a probationer and the parole board with respect to such a parolee32 shall, subject to regulation by the [director] division control admis-________33 sions to and discharges from such hostels and foster homes. When place-34 ment is made in any hostel or foster home, or in any facility other than35 a public institution, such placement whenever practicable shall be in a36 hostel, or facility operated by or in the home of a person or persons of37 the same religious faith as the probationer or parolee.38 2. The [director] office shall have authority and the duty to stimu-______39 late programs for the development of hostels and foster homes for the40 care of probationers and parolees under the age of twenty-one years.41 § 20. Section 245 of the executive law, as amended by chapter 134 of42 the laws of 1985, is amended to read as follows:43 § 245. Probation staff training and development. The [division] office______44 of probation and correctional alternatives shall conduct training45 programs for city, county and state probation personnel, prepare and46 execute programs of information and education to interest persons in the47 field of probation as a vocation, encourage the development by schools48 within the state of courses of study in fields related to and bearing49 upon probation and engage in other activities of an educational or50 informational nature designed to increase the number of qualified51 probation personnel and improve the caliber of probation service within52 the state. In order to effectuate the provisions of this section, the53 [division] office of probation and correctional alternatives shall be______54 authorized to prepare and disseminate printed materials, utilize media55 of public information, cooperate with public and private institutions of56 learning and employ qualified persons as lecturers or consultants on a

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1 fee basis to supplement services to be performed by its personnel here-2 under. Such fees shall be payable out of funds appropriated for these3 purposes on the audit and warrant of the comptroller on vouchers certi-4 fied or approved by the [director] office.______5 § 21. Subdivisions 1 and 3 of section 246 of the executive law, as6 amended by chapter 134 of the laws of 1985, are amended to read as7 follows:8 1. The program of state aid to county probation services shall be9 continued. It shall be administered by the division [of probation and10 correctional alternatives] with the advice of the state probation11 commission. Funds appropriated to the division for distribution as state12 aid to county probation services and to the probation services of New13 York city shall be distributed by the division in accordance with the14 provisions of this section, and rules adopted by the [director] commis-_______15 sioner after consultation with the director and the state probation______ ________________16 commission.17 3. Applications from counties or the city of New York for state aid18 under this section shall be made by filing with the division [of19 probation and correctional alternatives], a detailed plan, including20 cost estimates covering probation services for the fiscal year or21 portion thereof for which aid is requested. Included in such estimates22 shall be clerical costs and maintenance and operation costs as well as23 salaries of probation personnel and such other pertinent information as24 the director may require. Items for which reimbursement is requested25 under this section shall be duly designated in the estimates submitted.26 The director, after consultation with the state probation commission,27 shall approve such plan if it conforms to standards relating to the28 administration of probation services as specified in the rules adopted29 by him.30 § 22. Section 247 of the executive law is REPEALED.31 § 23. Section 248 of the executive law, as added by chapter 479 of the32 laws of 1970, the opening paragraph as amended by chapter 134 of the33 laws of 1985, is amended to read as follows:34 § 248. Establishment of probation scholarships. The [division of35 probation and correctional alternatives] office, [under regulations______36 which it shall prescribe, and] out of moneys appropriated to it for that37 purpose, is authorized to grant scholarships for graduate training in38 any course of study that would be of substantial value in the field of39 probation at graduate schools located within the state whose programs40 are registered by the regents.41 Each such scholarship shall entitle the holder thereof to a sum not to42 exceed four thousand dollars annually while in attendance at any of the43 said schools for a period not to exceed two years of graduate profes-44 sional study.45 Scholarships under this section shall be awarded only to residents of46 the state of New York who hold a degree of bachelor of arts or bachelor47 of science from a college or university, or the equivalent thereof.48 The [director] office, after consultation with the state probation______49 commission, shall [make] recommend to the commissioner rules governing_____________________________50 the award of such scholarships, the publication of notices offering51 scholarships, the issuance and cancellation of certificates entitling52 persons to the benefits thereof, the use of such scholarships by the53 persons entitled thereto, the courses that may be included under such54 scholarships, the schools which may be attended under such scholarships,55 the rights and duties of scholarship holders and of the schools which56 they attend, and providing generally for the carrying into effect of the

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1 provisions of this section; and may, by appropriate rule, require that2 holders of such scholarships be available for employment in probation3 work in the state of New York upon the completion of the training for4 which the scholarship is provided. The [director] office shall, after______5 consultation with the state probation commission, award such scholar-6 ships within such established rules, and any scholarship may be revoked7 for cause.8 Payments of money under this section may be made to the holder of the9 scholarship or to the school or college attended under the scholarship,10 on behalf of, and for the benefit of, the holder of the scholarship.11 Payments of money shall be ordered by the comptroller upon vouchers of12 the [director] office certifying that the person named therein is enti-______13 tled to receive the sum either directly, or for his or her benefit.14 § 24. Subdivisions 2, 3 and 4 of section 257 of the executive law, as15 amended by chapter 134 of the laws of 1985, are amended to read as16 follows:17 2. The [state director] office of probation and correctional alterna-______18 tives may when necessary certify in writing the need of one or more19 salaried probation officers to the official body charged with responsi-20 bility for appropriating funds for support of government in the poli-21 tical subdivision of the state wherein a probation department is22 located. Such body shall then determine whether such need exists and if23 found to exist it shall fix the salary of such probation officer and24 appropriate the necessary funds, as well as provide for the necessary25 expenses of such officer.26 3. Each probation officer who collects or has custody of money, before27 entering upon the duties of his or her office, shall execute a bond,______28 pursuant to the provisions of section eleven of the public officers law,29 in a penal sum to be fixed by the local director of probation with30 sufficient sureties approved thereby, conditioned for the honest31 accounting for all money received by him or her as such probation offi-______32 cer. In the discretion of the local director of probation, a position33 scheduled bond covering all such probation officers may be procured and34 executed in lieu of such individual bonds. The accounts of all probation35 officers shall be subject to audit at any time by the proper fiscal36 authorities and the [division] office of probation and correctional______37 alternatives.38 4. It shall be the duty of every probation officer to furnish to each39 of his or her probationers a statement of the conditions of probation,______40 and to instruct him or her with regard thereto; to keep informed_______41 concerning his or her conduct, habits, associates, employment, recre-______42 ation and whereabouts; to contact him or her at least once a month______43 pursuant to rules promulgated by the [state director of probation and44 correctional alternatives] commissioner of the division of criminal___________________________________________45 justice services; to aid and encourage him or her by friendly advice and________________ ______46 admonition; and by such other measures as may seem most suitable to47 bring about improvement in his or her conduct, condition and general______48 attitude toward society. Probation officers shall report to the head of49 the probation bureau or department who shall in turn report in writing50 to the court and the [state director] office of probation and correc-______51 tional alternatives at least monthly or where there is no bureau or52 department, directly to the court and the [state director] office of______53 probation and correctional alternatives concerning the conduct and54 condition of probationers; keep records of their work as probation offi-55 cers; keep accurate and complete accounts of all money collected from56 probationers; give receipts therefor and make prompt returns thereof at

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1 least monthly; aid in securing employment; perform such other duties in2 connection with such probationer as the court may direct or as required3 by the general rules adopted pursuant to section two hundred forty-three4 of this chapter; and make such reports to the [state division] office of______5 probation and correctional alternatives as it may require.6 § 25. Paragraphs a, b, e and i of subdivision 1 of section 261 of the7 executive law, paragraphs a, e and i as amended by chapter 338 of the8 laws of 1989 and paragraph b as amended by chapter 461 of the laws of9 1990, are amended to read as follows:10 a. "Service plan" or "plan" means a county plan designed to identify11 and provide eligible programs as determined by either an advisory board12 established pursuant to this article, or by an existing criminal justice13 coordinating council, provided, however, the membership of such council14 includes a majority of those persons set forth in subdivision two of15 this section, provided that one person shall be the chief administrative16 officer. The following factors considered, utilized and incorporated in17 the plan shall include but not be limited to:18 (i) an analysis of the jail population to assist in determining incar-19 ceration practices and trends, including, if submitting an approved20 amendment pursuant to section two hundred sixty-six of this article, an21 analysis of the relationship between alcohol, drugs and crime and the22 effects of alcohol and substance abuse on the local criminal justice23 system and jail, probation and alternatives to incarceration popu-24 lations, consistent with planning guidelines established by the [divi-25 sion] office; the types and nature of alternative programming needed,______26 and appropriate eligibility requirements;27 (ii) an analysis of recent overcrowding problems and measures taken by28 the county to relieve them;29 (iii) a summary of existing alternatives programs and/or related30 services and previous efforts made by the county to develop alternatives31 to incarceration and if an approved amendment is submitted, pursuant to32 section two hundred sixty-six of this article, a summary of existing33 alcohol and substance abuse programs;34 (iv) a comprehensive plan for the development of alternatives programs35 that addresses the specific needs identified in subparagraph (i) of this36 paragraph and furthers the county's long-range goals in the area of37 alternatives to incarceration;38 (v) specific proposals for the use of state aid available under this39 chapter, including a description of services to be provided, character-40 istics of the target populations, steps to be taken to identify eligible41 participants, the goals and objectives to be accomplished through the42 proposals;43 (vi) a detailed time frame for the implementation and evaluation of44 the specific proposals described in subparagraph (v) of this paragraph;45 (vii) a summary of those criteria by which the [division] office and______46 the state commission of correction may measure the proposal's impact on47 jail overcrowding; and48 (viii) any other information which the [division] office may request______49 consistent with the purposes of this chapter.50 Nothing in this article shall prohibit the development of regional51 programs by two or more counties.52 b. "Eligible programs" means existing programs, enhancement of exist-53 ing programs or initiation of new programs or, if submitting an approved54 amendment pursuant to section two hundred sixty-six of this article,55 eligible alcohol and substance abuse programs as defined in paragraph c56 of this subdivision which serve to assist the court, public officers or

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1 others in identifying and avoiding the inappropriate use of incarcera-2 tion. Such programs may be administered by either the county or private,3 community-based organizations and may include, but shall not be limited4 to: new or enhanced specialized probation services which exceed those5 probation services otherwise required to be performed in accordance with6 applicable law, rule or regulation of the [state] division of [probation7 and correctional alternatives] criminal justice services subject to the_________________________8 provisions of this article; a pre-trial alternative to detention9 program, including a comprehensive pre-arraignment program which screens10 all defendants and ensures that the court is fully advised of the avail-11 ability of alternatives based upon the defendant's suitability and needs12 prior to its determination regarding the issuance of a securing order,13 or an effective bail review program; alternatives to post-adjudicatory14 incarceration programs, including community service, substance abuse or15 alcohol intervention programs; and management information systems16 designed to improve the county's ability to identify appropriate persons17 for alternatives to detention or incarceration, as well as for improved18 classification of persons within jail. For purposes of this paragraph,19 community service programs may place persons performing community20 service at worksites identified by the commissioner of the department of21 environmental conservation and the commissioner of the office of parks,22 recreation and historic preservation.23 e. "Approved plan" means a plan submitted by the county executive upon24 approval by the advisory board or council and by the local legislative25 body, which has been determined by the [division of probation and26 correctional alternatives] office to meet the requirements set forth in______27 paragraph a of this subdivision.28 i. ["Division"] "Office" means the [division] office of probation and________ ______29 correctional alternatives.30 § 26. Section 354-a of the executive law, as amended by chapter 355 of31 the laws of 2004, is amended to read as follows:32 § 354-a. Information on status of veterans receiving assistance.33 Departments, divisions, bureaus, boards, commissions and agencies of the34 state and political subdivisions thereof, which provide assistance,35 treatment, counseling, care, supervision or custody in service areas36 involving health, mental health, family services, criminal justice or37 employment, including but not limited to the office of alcoholism and38 substance abuse services, office of mental health, [division] office of______39 probation and correctional alternatives, office of children and family40 services, office of temporary and disability assistance, department of41 health, department of labor, local workforce investment boards, office42 of mental retardation and developmental disabilities, department of43 correctional services and division of parole, shall request assisted44 persons to provide information with regard to their veteran status and45 military experiences. Individuals identifying themselves as veterans46 shall be advised that the division of veterans' affairs and local veter-47 ans' service agencies established pursuant to section three hundred48 fifty-seven of this article provide assistance to veterans regarding49 benefits under federal and state law. Information regarding veterans50 status and military service provided by assisted persons solely to51 implement this section shall be protected as personal confidential52 information under article six-A of the public officers law against53 disclosure of confidential material, and used only to assist in the54 diagnosis, treatment, assessment and handling of the veteran's problems55 within the agency requesting such information and in referring the56 veteran to the division of veterans' affairs for information and assist-

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1 ance with regard to benefits and entitlements under federal and state2 law.3 § 27. Subdivision 1 of section 410.92 of the criminal procedure law,4 as added by chapter 377 of the laws of 2007, is amended to read as5 follows:6 1. The [division] office of probation and correctional alternatives______7 shall establish a pilot project to implement the provisions of this8 section. Such pilot project shall be established in four counties9 designated by the [division] office of probation and correctional alter-______10 natives provided that each such county shall be in a distinct region of11 the state outside of the city of New York. The state [director] commis-_______12 sioner of [probation and correctional alternatives] the division of______ _________________13 criminal justice services shall have the power to adopt rules and regu-__________________________14 lations necessary to effectuate the provisions of this section.15 § 28. Subdivision 5 of section 410.92 of the criminal procedure law,16 as added by chapter 377 of the laws of 2007, is amended to read as17 follows:18 5. The [division] office of probation and correctional alternatives______19 shall develop a standard reporting form that will be used by probation20 departments for collecting data relating to detainer warrants issued21 pursuant to subdivision two of this section. The [division] office shall______22 prepare a report of the usage and impact of detainer warrants which23 shall include but not be limited to the number of warrants requested and24 granted and, for each case, the title of the individual or individuals25 issuing warrants in each jurisdiction, the summary of technical26 violations of conditions of probation for which a warrant is sought, the27 efforts to find an available judge, the judicial action taken in28 response to the warrant, the probationer's crime of conviction, the29 probationer's race and ethnicity, and such additional information deemed30 necessary and relevant by the [division] office. Such report shall be______31 submitted to the governor, the temporary president of the senate and the32 speaker of the assembly no later than the first day of May following the33 effective date of this subdivision and annually thereafter. Each local34 director of probation shall maintain and report to the [state] director35 of the office of probation and correctional alternatives records suffi-_____________36 cient to allow the compilation of such reports.37 § 29. Paragraph (a) of subdivision 20 of section 623 of the executive38 law, as amended by chapter 418 of the laws of 1986, is amended to read39 as follows:40 (a) Information transmitted by the [state division] office of______41 probation and correctional alternatives under subdivision five of42 section 390.30 of the criminal procedure law and subdivision seven of43 section 351.1 of the family court act which the board shall compile,44 review and make recommendations on how to promote the use of restitution45 and encourage its enforcement.46 § 30. Subdivision 1 of section 643 of the executive law, as added by47 chapter 94 of the laws of 1984, is amended to read as follows:48 1. As used in this section, "crime victim-related agency" means any49 agency of state government which provides services to or deals directly50 with crime victims, including (a) the [department of social services]51 office of children and family services, the office [of] for the aging,______________________________________ ___52 the division of veterans affairs, [the division of probation] the divi-53 sion of parole, [the crime victims board,] the department of motor vehi-54 cles, the office of vocational rehabilitation, the workers' compensation55 board, the department of health, the division of criminal justice56 services, the office of mental health, every transportation authority

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1 and the division of state police, and (b) any other agency so designated2 by the governor within ninety days of the effective date of this3 section.4 § 31. Subdivision 9 of section 835 of the executive law, as amended by5 chapter 602 of the laws of 2008, is amended to read as follows:6 9. "Qualified agencies" means courts in the unified court system, the7 administrative board of the judicial conference, probation departments,8 sheriffs' offices, district attorneys' offices, the state department of9 correctional services[, the state division of probation], the department10 of correction of any municipality, the insurance frauds bureau of the11 state department of insurance, the office of professional medical12 conduct of the state department of health for the purposes of section13 two hundred thirty of the public health law, the child protective14 services unit of a local social services district when conducting an15 investigation pursuant to subdivision six of section four hundred twen-16 ty-four of the social services law, the office of Medicaid inspector17 general, the temporary state commission of investigation, the criminal18 investigations bureau of the banking department, police forces and19 departments having responsibility for enforcement of the general crimi-20 nal laws of the state and the Onondaga County Center for Forensic21 Sciences Laboratory when acting within the scope of its law enforcement22 duties.23 § 32. Subdivision 8 of section 92 of the public officers law, as24 amended by chapter 336 of the laws of 1992, is amended to read as25 follows:26 (8) Public safety agency record. The term "public safety agency27 record" means a record of the commission of correction, the temporary28 state commission of investigation, the department of correctional29 services, the [division for youth] office of children and family________________________________30 services, the division of parole, the [crime victims board] office of________ __________31 victim services, the [division] office of probation and correctional________________ ______32 alternatives or the division of state police or of any agency or compo-33 nent thereof whose primary function is the enforcement of civil or crim-34 inal statutes if such record pertains to investigation, law enforcement,35 confinement of persons in correctional facilities or supervision of36 persons pursuant to criminal conviction or court order, and any records37 maintained by the division of criminal justice services pursuant to38 sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight39 hundred thirty-seven-b, eight hundred thirty-seven-c, eight hundred40 thirty-eight, eight hundred thirty-nine, eight hundred forty-five, and41 eight hundred forty-five-a of the executive law and by the department of42 state pursuant to section ninety-nine of the executive law.43 § 33. The opening paragraph of paragraph (b) of subdivision 6 of44 section 1198 of the vehicle and traffic law, as amended by chapter 66945 of the laws of 2007, is amended to read as follows:46 After consultation with manufacturers of ignition interlock devices47 and the national highway traffic safety administration, the commissioner48 of the department of health, in consultation with the commissioner and49 the [director of the division] office of probation and correctional______50 alternatives, shall promulgate regulations regarding standards for, and51 use of, ignition interlock devices. Such standards shall include52 provisions for setting a minimum and maximum calibration range and shall53 include, but not be limited to, requirements that the devices:54 § 34. Paragraph hh of subdivision 1 of section 3-0301 of the environ-55 mental conservation law, as amended by chapter 461 of the laws of 1990,56 is amended to read as follows:

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1 hh. Cooperate with the [division] office of probation and correctional______2 alternatives by identifying appropriate worksites where persons perform-3 ing community service as part of a criminal disposition may be assigned4 to provide cleanup and other maintenance services in order to preserve5 and enhance the state's natural beauty and human-made scenic qualities.6 Such sites may include but are not limited to the state's shorelines,7 beaches, parks, roadways, historic sites and other natural or human-made8 resources.9 § 35. Paragraph (m) of subdivision 1 of section 2782 of the public10 health law, as amended by chapter 193 of the laws of 1991, is amended to11 read as follows:12 (m) an employee or agent of the [division] office of probation and______13 correctional alternatives or any local probation department, in accord-14 ance with paragraph (a) of subdivision two of section twenty-seven15 hundred eighty-six of this article, to the extent the employee or agent16 is authorized to access records containing such information in order to17 carry out the [division's] office's or department's functions, powers________18 and duties with respect to the protected individual, pursuant to arti-19 cles twelve and twelve-A of the executive law;20 § 36. Subdivision 2-f of section 3.09 of the parks, recreation and21 historic preservation law, as amended by chapter 461 of the laws of 199022 and as separately renumbered by chapters 460 and 552 of the laws of23 2001, is amended to read as follows:24 2-f. Cooperate with the [division] office of probation and correction-______25 al alternatives by identifying appropriate worksites where persons26 performing community service as part of a criminal disposition may be27 assigned to provide cleanup and other maintenance services in order to28 preserve and enhance the state's natural beauty and human-made scenic29 qualities. Such sites may include but are not limited to the state's30 shorelines, beaches, parks, roadways, historic sites and other natural31 or human-made resources.32 § 37. Paragraph 2 of subdivision (a) of section 19.09 of the mental33 hygiene law, as added by chapter 223 of the laws of 1992, is amended to34 read as follows:35 (2) Upon the request of a state agency, including but not limited to36 the department of correctional services, the [state division] office of______37 probation and correctional alternatives, the [division for youth] office______38 of children and family services, and the board of parole, the commis-__________________________________39 sioner shall have the power to provide alcoholism, substance abuse, and40 chemical dependence services either directly or through agreements with41 local certified or approved providers to persons in the custody or under42 the jurisdiction of the requesting agency within amounts available and43 within priorities established through the planning process.44 § 38. Subdivision 4 of section 65.10 of the penal law, as added by45 chapter 653 of the laws of 1996, is amended to read as follows:46 4. Electronic monitoring. When imposing a sentence of probation the47 court may, in addition to any conditions imposed pursuant to subdivi-48 sions two and three of this section, require the defendant to submit to49 the use of an electronic monitoring device and/or to follow a schedule50 that governs the defendant's daily movement. Such condition may be51 imposed only where the court, in its discretion, determines that requir-52 ing the defendant to comply with such condition will advance public53 safety, probationer control or probationer surveillance. Electronic54 monitoring shall be used in accordance with uniform procedures developed55 by the [division] office of probation and correctional alternatives.______

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1 § 39. Subdivision 1 of section 89-e of the correction law, as amended2 by chapter 550 of the laws of 1987, is amended to read as follows:3 1. The alternate correctional facility review panel is hereby estab-4 lished and shall consist of the commissioner, the chairman of the state5 commission of correction, the chairman of the board of parole, the6 director of the [division] office of probation and correctional alterna-______7 tives, the commissioner of correction of the city of New York, the pres-8 ident of the New York State Sheriffs' Association Institute, Inc., and9 the president of the Correctional Association of New York or their10 designees. The governor shall appoint a chairman and vice-chairman from11 among the members.12 § 40. Subdivision 4 of section 270 of the correction law, as added by13 section 1 of part SS of chapter 56 of the laws of 2009, is amended to14 read as follows:15 4. "Division" means the division of [probation and correctional alter-16 natives] criminal justice services._________________________17 § 41. Subdivision 1 of section 705 of the correction law, as amended18 by chapter 193 of the laws of 1991, is amended to read as follows:19 1. All applications, certificates and orders of revocation necessary20 for the purposes of this article shall be upon forms prescribed pursuant21 to agreement among the state commissioner of correctional services, the22 chairman of the state board of parole and the administrator of the state23 judicial conference. Such forms relating to certificates of relief from24 disabilities shall be distributed by the [director of the state divi-25 sion] office of probation and correctional alternatives and forms relat-______26 ing to certificates of good conduct shall be distributed by the chairman27 of the board of parole.28 § 42. The opening paragraph of subdivision 4 and subdivision 5 of29 section 390.30 of the criminal procedure law, the opening paragraph of30 subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-31 sion 5 as added by chapter 14 of the laws of 1985, are amended to read32 as follows:33 In lieu of the procedure set forth in subdivisions one, two and three34 of this section, where the conviction is of a misdemeanor the scope of_______________35 the pre-sentence investigation may be abbreviated and a short form36 report may be made. The use of abbreviated investigations and short37 form reports, the matters to be covered therein and the form of the38 reports shall be in accordance with the general rules regulating methods39 and procedures in the administration of probation as adopted from time40 to time by the [state director of probation and correctional alterna-41 tives] commissioner of the division of criminal justice services pursu-_________________________________________________________42 ant to the provisions of article twelve of the executive law. No such43 rule, however, shall be construed so as to relieve the agency conducting44 the investigation of the duty of investigating and reporting upon:45 5. Information to be forwarded to the [state division] office of______46 probation and correctional alternatives. Investigating agencies under______________________________47 this article shall be responsible for the collection, and transmission48 to the [state division] office of probation and correctional alterna-______ _________________________49 tives, of data on the number of victim impact statements prepared,_____50 pursuant to regulations of the [division] office. [Such information______51 shall be transmitted to the crime victims board and included in the52 board's annual report pursuant to subdivision twenty of section six53 hundred twenty-three of the executive law.]54 § 43. Subdivision 1 of section 410.80 of the criminal procedure law,55 as amended by chapter 191 of the laws of 2007, is amended to read as56 follows:

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1 1. Authority to transfer supervision. Where a probationer at the time2 of sentencing resides in another jurisdiction within the state, the3 sentencing court shall transfer supervision to the appropriate probation4 department in such other jurisdiction. Where, after a probation sentence5 is pronounced, a probationer desires to reside in another jurisdiction6 within the state that is not served by the sentencing court, such court,7 in its discretion, may approve a change in residency and, upon approval,8 shall transfer supervision to the appropriate probation department serv-9 ing the county of the probationer's proposed new residence. Any transfer10 under this subdivision must be in accordance with rules adopted by the11 [director] commissioner of the [state] division of [probation and____________12 correctional alternatives] criminal justice services._________________________13 § 44. Subdivision 8 of section 420.10 of the criminal procedure law,14 as amended by chapter 506 of the laws of 1985, paragraph (a) as sepa-15 rately amended by chapters 134, 233 and 506 of the laws of 1985 and16 paragraph (b) as separately amended by chapters 134 and 506 of the laws17 of 1985, is amended to read as follows:18 8. Designation of restitution agency. (a) The chief elected official19 in each county, and in the city of New York the mayor, shall designate20 an official or organization other than the district attorney to be21 responsible for the collection and administration of restitution and22 reparation payments under provisions of the penal law and this chapter[;23 provided, however, that where the state division of probation and24 correctional alternatives provides for and delivers probation services25 pursuant to the provisions of section two hundred forty-seven of the26 executive law the state division of probation and correctional alterna-27 tives shall have the first option of designating such agency as the28 restitution agency for such county]. This official or organization shall29 be eligible for the designated surcharge provided for by subdivision30 eight of section 60.27 of the penal law.31 (b) The restitution agency, as designated by paragraph (a) of this32 subdivision, shall be responsible for the collection of data on a month-33 ly basis regarding the numbers of restitution and reparation orders34 issued, the numbers of satisfied restitution and reparation orders and35 information concerning the types of crimes for which such orders were36 required. A probation department designated as the restitution agency37 shall then forward such information to the [director of the state divi-38 sion] office of probation and correctional alternatives within the first______39 ten days following the end of each month [who shall transmit such infor-40 mation to the division of criminal justice services]. In all other cases41 the restitution agency shall report to the division of criminal justice42 services directly. The division of criminal justice services shall43 compile and review all such information and make recommendations to44 promote the use of restitution and encourage its enforcement.45 § 45. Section 252-a of the family court act, as added by chapter 55 of46 the laws of 1992, is amended to read as follows:47 § 252-a. Fees. (a) Notwithstanding any other provision of law, every48 county, including the city of New York, may adopt a local law authoriz-49 ing its probation department which is ordered to conduct an investi-50 gation pursuant to section six hundred fifty-three of this [chapter]51 act, to be entitled to a fee of not less than fifty dollars and not more___52 than five hundred dollars from the parties in such proceeding for53 performing such investigation. Such fee shall be based on the party's54 ability to pay the fee and the schedule for payment shall be fixed by55 the court issuing the order for investigation, pursuant to the guide-56 lines issued by the [director of the division] office of probation and______

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1 correctional alternatives, and may in the discretion of the court be2 waived when the parties lack sufficient means to pay the fee. The court3 shall apportion the fee between the parties based upon the respective4 financial circumstances of the parties and the equities of the case.5 (b) Fees pursuant to this section shall be paid directly to the local6 probation department to be retained and utilized for local probation7 services, and shall not be considered by the [division] office of______8 probation and correctional alternatives when determining state aid_______________________________9 [reimbursement] pursuant to section two hundred forty-six of the execu-10 tive law.11 § 46. Subdivision 7 of section 351.1 of the family court act, as added12 by chapter 418 of the laws of 1986, is amended to read as follows:13 7. The probation services which prepare the investigation reports14 shall be responsible for the collection and transmission to the [state15 division] office of probation and correctional alternatives, of data on______16 the number of victim impact statements prepared, pursuant to regulations17 of the division. [Such information shall be transmitted to the crime18 victims board and included in the board's annual report pursuant to19 subdivision twenty of section six hundred twenty-three of the executive20 law.]21 § 47. Subdivision 2 of section 385.1 of the family court act, as22 amended by chapter 134 of the laws of 1985, is amended to read as23 follows:24 2. The [division] office of probation and correctional alternatives______25 shall include in its annual report to the legislature and the governor26 information, by county, showing the total number of delinquency cases27 adjusted prior to filing.28 § 48. Intentionally omitted.29 § 49. Intentionally omitted.30 § 50. Section 177-e of the judiciary law is REPEALED.31 § 51. Paragraph (g) of subdivision 1 of section 1193 of the vehicle32 and traffic law, as added by chapter 496 of the laws of 2009, is amended33 to read as follows:34 (g) The [division] office of probation and correctional alternatives______35 shall [promulgate] recommend to the commissioner regulations governing_____________________________36 the monitoring of compliance by persons ordered to install and maintain37 ignition interlock devices to provide standards for monitoring by38 departments of probation, and options for monitoring of compliance by39 such persons, that counties may adopt as an alternative to monitoring by40 a department of probation.41 § 51-a. Subdivisions 5 and 6 of section 257-c of the executive law, as42 added by chapter 55 of the laws of 1992, are amended to read as follows:43 5. Monies collected pursuant to this section shall be utilized for44 probation services by the local probation department. Such moneys shall45 not be considered by the division when determining state aid [reimburse-46 ment] pursuant to section two hundred forty-six of the executive law.47 Monies collected shall not be used to replace federal funds otherwise48 utilized for probation services.49 6. The [director] commissioner of the division shall submit a report,____________50 with recommendations, to the governor, temporary president of the51 senate, speaker of the assembly, to the chairpersons of the senate crime52 and correction committee, and assembly correction committee, senate53 codes committee and assembly codes committee on or before January first,54 nineteen hundred ninety-three and January first, nineteen hundred nine-55 ty-four as to the effectiveness of the probation administrative fee in56 enhancing the delivery of probation services throughout the state. The

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1 report shall include, but not be limited to, amounts of fees imposed and2 collected, rates of payment for different categories of convictions and3 types of offenders, and remedies utilized and costs incurred for4 collection in cases of non-payment.5 § 51-b. Section 385.2 of the family court act, as amended by chapter6 134 of the laws of 1985, is amended to read as follows:7 § 385.2. Consolidation of records within a city having a population of8 one million or more. Notwithstanding any other provision of law, in a9 city having a population of one million or more, an index of the records10 of the local probation departments located in the counties comprising11 such city for proceedings under article three shall be consolidated and12 filed in a central office for use by the family court and local13 probation service in each such county. After consultation with the state14 administrative judge, the commissioner of the division of criminal__________________________________________________15 justice services in consultation with the [state] director of the office_____________________________________ __________16 of probation and correctional alternatives shall specify the information__17 to be contained in such index and the organization of such consolidated18 file.19 § 51-c. Section 783-a of the family court act, as amended by chapter20 134 of the laws of 1985, is amended to read as follows:21 § 783-a. Consolidation of records within a city having a population of22 one million or more. Notwithstanding any other provision of law, in a23 city having a population of one million or more, an index of the records24 of the local probation departments located in the counties comprising25 such city for proceedings under article seven shall be consolidated and26 filed in a central office for use by the family court and local27 probation service in each such county. After consultation with the state28 administrative judge, the commissioner of the division of criminal________________________________________________29 justice services, in consultation with the [state] director of the_______________________________________ ___30 office of probation and correctional alternatives shall specify the__________31 information to be contained in such index and the organization of such32 consolidated file.33 § 51-d. Paragraph (b) of subdivision 4 of section 34-a of the social34 services law, as added by section 18 of part E of chapter 57 of the laws35 of 2005, is amended to read as follows:36 (b) The commissioner of the office of children and family services37 shall review and approve or disapprove the diversion services portion of38 the plan jointly with the director of the office of probation and_____________39 correctional alternatives or any other successor agency or entity. The40 requirements for the portion of the plan and report regarding the41 provision of diversion services shall be jointly established by the42 commissioner of the office of children and family services and the43 director of the office of probation and correctional alternatives or any_____________44 other successor agency or entity. The multi-year services plan and45 where appropriate the annual implementation reports shall be based upon46 a written understanding between the local social services district and47 the probation department which outlines the cooperative procedures to be48 followed by both parties regarding diversion services pursuant to49 section seven hundred thirty-five of the family court act, consistent50 with their respective obligations as otherwise required by law.51 § 51-e. Subdivision 1 of section 483 of the social services law, as52 added by section 2 of part F2 of chapter 62 of the laws of 2003, is53 amended to read as follows:54 1. There shall be a council on children and families established with-55 in the office of children and family services consisting of the follow-56 ing members: the state commissioner of children and family services, the

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1 commissioner of temporary and disability assistance, the commissioner of2 mental health, the commissioner of mental retardation and developmental3 disabilities, the commissioner of the office of alcoholism and substance4 abuse services, the commissioner of education, the [state] director of5 the office of probation and correctional alternatives, the commissioner_____________6 of health, the commissioner of the division of criminal justice7 services, the state advocate for persons with disabilities, the director8 of the office for the aging, the commissioner of labor, and the chair of9 the commission on quality of care for the mentally disabled. The gover-10 nor shall designate the chair of the council and the chief executive11 officer (CEO).12 § 51-f. Subparagraph (i) of paragraph (a) of subdivision 3 of section13 483-c of the social services law, as added by section 2 of part F2 of14 chapter 62 of the laws of 2003, is amended to read as follows:15 (i) State tier III team. There is hereby established a state team16 designated as the "tier III team", which shall consist of the chair of17 the council, the commissioners of children and family services, mental18 health, health, education, alcohol and substance abuse services, and19 mental retardation and developmental disabilities, and the director of20 the office of probation and correctional alternatives, or their desig-_______________21 nated representatives, and representatives of families of children with22 emotional and/or behavioral disorders. Other representatives may be23 added at the discretion of such team.24 § 51-g. Subdivision 3 of section 702 of the correction law, as amended25 by chapter 134 of the laws of 1985, is amended to read as follows:26 3. Where a certificate of relief from disabilities is not issued at27 the time sentence is pronounced it shall only be issued thereafter upon28 verified application to the court. The court may, for the purpose of29 determining whether such certificate shall be issued, request its30 probation service to conduct an investigation of the applicant, or if31 the court has no probation service it may request the probation service32 of the county court for the county in which the court is located to33 conduct such investigation[, or if there be no such probation service34 the court may request the state director of probation and correctional35 alternatives to arrange for such investigation]. Any probation officer36 requested to make an investigation pursuant to this section shall37 prepare and submit to the court a written report in accordance with such38 request.39 § 51-h. Subdivision 4 of section 995-c of the executive law, as added40 by chapter 737 of the laws of 1994, is amended to read as follows:41 4. The commissioner of the division of criminal justice services, in42 consultation with the commission, the commissioner of health, the [divi-43 sions] division of parole [and], the director of the office of probation________ ____________________________44 and correctional alternatives and the department of correctional45 services, shall promulgate rules and regulations governing the proce-46 dures for notifying designated offenders of the requirements of this47 section.48 § 52. Section 575 of the executive law, as added by chapter 463 of49 the laws of 1992, paragraph (e) of subdivision 3 as amended and subdivi-50 sion 9 as added by chapter 368 of the laws of 1997, paragraph (b) of51 subdivision 4 as amended by chapter 255 of the laws of 2008, paragraphs52 (c), (d) and (e) of subdivision 4 as amended and subdivisions 7 and 8 as53 added by chapter 396 of the laws of 1994, and subdivision 10 as added by54 chapter 297 of the laws of 1998, is amended to read as follows:55 § 575. [New York state office] Office for the prevention of domestic______56 violence. 1. Establishment of office. There is hereby established with-

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1 in the [executive department the "New York state] division of criminal______________________2 justice services the office for the prevention of domestic violence["],_____________________3 hereinafter in this section referred to as the "office".4 1-a. The office shall be headed by a director, who shall be appointed______________________________________________________________________5 by the commissioner of the division of criminal justice services. The________________________________________________________________________6 director shall serve as a special advisor to the governor regarding________________________________________________________________________7 matters pertaining to the prevention of and response to domestic________________________________________________________________________8 violence, and shall, in consultation with the commissioner, coordinate________________________________________________________________________9 and recommend policy relating to the prevention of domestic violence________________________________________________________________________10 throughout the state. The commissioner, in consultation with the direc-________________________________________________________________________11 tor, shall also appoint staff and perform such other functions to ensure________________________________________________________________________12 the efficient operation of the office within the amounts made available________________________________________________________________________13 therefor by appropriation.__________________________14 2. Duties and responsibilities. The office shall advise the governor15 and the legislature on the most effective ways for state government to16 respond to the problem of domestic violence. In fulfilling this respon-17 sibility, the office shall consult with experts, service providers and18 representative organizations in the field of domestic violence and shall19 act as an advocate for domestic violence victims and programs.20 3. Activities. In addition, the office shall develop and implement21 policies and programs designed to assist victims of domestic violence22 and their families, and to provide education and prevention, training23 and technical assistance. Such domestic violence-related activities24 shall include, but not be limited to:25 (a) Serving as a clearinghouse for information and materials;26 (b) Developing and coordinating community outreach and public educa-27 tion throughout the state;28 (c) Developing and delivering training to professionals, including but29 not limited to professionals in the fields of:30 (i) domestic violence;31 (ii) health and mental health;32 (iii) social and human services;33 (iv) public education;34 (v) law enforcement and criminal justice;35 (vi) alcohol and substance abuse.36 (d) Developing and promoting school-based prevention programs;37 (e) Providing technical assistance to state and local government38 bodies and other agencies and to private not-for-profit corporations, on39 effective policies and responses to domestic violence, including devel-40 opment of a model domestic violence policies[, pursuant to subdivisions41 seven, eight and nine of this section];42 (f) Promoting and facilitating interagency cooperation among state43 agencies and intergovernmental cooperation between different levels of44 government in the state in the delivery and/or funding of services;45 (g) Operating as an advocate for domestic violence services and46 victims;47 (h) Undertaking program and services needs assessments on its own48 initiative or at the request of the governor, the legislature or service49 providers;50 (i) Examining the relationship between domestic violence and other51 problems and making recommendations for effective policy response;52 (j) Collecting data, conducting research, and holding public hearings;53 (k) Making periodic reports to the governor and the legislature recom-54 mending policy and program directions and reviewing the activities of55 the office;

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1 (l) Any other activities including the making of and promulgation of2 rules and regulations deemed necessary to facilitate the prevention of3 domestic violence within the scope and purview of this article which are4 not otherwise inconsistent with any other provisions of law.5 4. Advisory council. (a) An advisory council is hereby established to6 make recommendations on domestic violence related issues and effective7 strategies for the prevention of domestic violence, to assist in the8 development of appropriate policies and priorities for effective inter-9 vention, public education and advocacy, and to facilitate and assure10 communication and coordination of efforts among state agencies and11 between different levels of government, state, federal, and municipal,12 for the prevention of domestic violence.13 (b) The advisory council shall consist of nine members and fourteen14 ex-officio members. Each member shall be appointed to serve for a term15 of three years and shall continue in office until a successor appointed16 member is made. A member appointed to fill a vacancy shall be appointed17 for the unexpired term of the member he or she is to succeed. All of the18 members shall be individuals with expertise in the area of domestic19 violence. Three members shall be appointed by the governor, two members20 shall be appointed upon the recommendation of the temporary president of21 the senate, two members shall be appointed upon the recommendation of22 the speaker of the assembly, one member shall be appointed upon the23 recommendation of the minority leader of the senate, and one member24 shall be appointed upon the recommendation of the minority leader of the25 assembly. The ex-officio members of the advisory board shall consist of26 [one representative from the staff of each of the following state27 departments and divisions] the director of the office, who shall chair___________________________________________28 the council, and the following members or their designees: the commis-_________________________________________________________ ____________29 sioner of the office of temporary and disability services; the commis-_______________ ___________30 sioner of the department of health; the commissioner of the education_____________ _________________________31 department; the commissioner of the office of mental health; [division]_______________________32 the commissioner of the office of alcoholism and [alcohol] substance______________________________ _________33 abuse services; [division of criminal justice services; division] the________ ___34 director of the office of probation and correctional alternatives; the______________________ ___35 commissioner of the office of children and family services; [crime_____________________36 victims board] the director of the office of victim services; the chief_____________________________________________ __________37 administrative judge of the office of court administration; the commis-____________________________ ___________38 sioner of the department of labor; the director of the state office for_____________ ___________________39 the aging; the commissioner of the department of correctional services;_______________________40 and the chair of the division of parole.____________41 (c) [The governor shall appoint a member as chair of the advisory42 council to serve at the pleasure of the governor.43 (d)] The advisory council shall meet as often as deemed necessary by44 the chair [or executive director] but in no event less than two times45 per year.46 [(e)] (d) The members of the advisory council shall receive no salary___47 or other compensation for their services but shall be entitled to48 reimbursement for actual and necessary expenses incurred in the perform-49 ance of their duties within amounts made available by appropriation50 therefor subject to the approval of the director of the budget. The51 ex-officio members of the advisory council shall receive no additional52 compensation for their services on the advisory council above the salary53 they receive from the respective departments or divisions that employ54 them.55 5. [Executive director. (a) The governor shall appoint an executive56 director of the office who shall serve at the pleasure of the governor.

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1 (b) The executive director shall receive an annual salary fixed by the2 governor within the amounts appropriated specifically therefor and shall3 be entitled to reimbursement for reasonable expenses incurred in4 connection with the performance of the director's duties.5 (c) The executive director shall appoint staff and perform such other6 functions to ensure the efficient operation of the office.7 6.] Assistance of other agencies. The office may request and shall8 receive in a timely manner from any department, division, board, bureau,9 commission or agency of the state, such information and assistance as10 shall enable it to properly carry out its powers and duties pursuant to11 this article.12 [7. Model domestic violence policy for counties. (a) The office shall13 convene a task force of county level municipal officials, municipal14 police and members of the judiciary, or their representatives, and15 directors of domestic violence programs, including representatives from16 a statewide advocacy organization for the prevention of domestic17 violence, to develop a model domestic violence policy for counties. For18 the purposes of this subdivision, "county" shall have the same meaning19 as such term is defined in section three of the county law, except that20 the city of New York shall be deemed to be one county. The office shall21 give due consideration to the recommendations of the governor, the22 temporary president of the senate and the speaker of the assembly for23 participation by any person on the task force, and shall make reasonable24 efforts to assure regional balance in membership.25 (b) The purpose of the model policy shall be to provide consistency26 and coordination by and between county agencies and departments, includ-27 ing criminal justice agencies and the judiciary, and, as appropriate, by28 municipalities or other jurisdictions within the county and other29 governmental agencies and departments, by assuring that best practices,30 policies, protocols and procedures are used to address the issue of31 domestic violence, and to secure the safety of the victim including, but32 not limited to:33 (i) response, investigation and arrest policies by police agencies;34 (ii) response by other criminal justice agencies, including disposi-35 tion of domestic violence complaints, the provision of information and36 orders of protection;37 (iii) response by human services and health agencies, including iden-38 tification, assessment, intervention and referral policies and responses39 to victims and the perpetrators of domestic violence;40 (iv) training and appropriate and relevant measures for periodic eval-41 uation of community efforts; and42 (v) other issues as shall be appropriate and relevant for the task43 force to develop such policy.44 (c) Such model policy shall be reviewed by the task force to assure45 consistency with existing law and shall be made the subject of public46 hearings convened by the office throughout the state at places and at47 times which are convenient for attendance by the public, after which the48 policy shall be reviewed by the task force and amended as necessary to49 reflect concerns raised at the hearings. If approved by the task force,50 such model policy shall be provided as approved with explanation of its51 provisions to the governor and the legislature not later than two years52 after the effective date of this subdivision. Notification of the avail-53 ability of such model domestic violence policy shall be made by the54 office to every county in the state, and copies of the policy shall be55 made available to them upon request.

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1 (d) The office in consultation with the task force, providers of2 service, the advisory council and others, including representatives of a3 statewide advocacy organization for the prevention domestic violence,4 shall provide technical support, information and encouragement to coun-5 ties to implement the provisions of the model policy on domestic6 violence.7 (e) Nothing contained in this subdivision shall be deemed to prevent8 the governing body of a county from designating a local advisory commit-9 tee to investigate the issues, work with providers of domestic violence10 programs and other interested parties, and to aid in the implementation11 of the policy required by this subdivision. Such governing body or advi-12 sory committee may request and shall receive technical assistance from13 the office for the development of such a policy. Implementation of the14 model domestic violence policy may take place in a form considered15 appropriate by the governing body of a county, including guidelines,16 regulations and local laws.17 (f) The office shall survey county governments within four years of18 the effective date of this subdivision to determine the level of compli-19 ance with the model domestic violence policy, and shall take such steps20 as shall be necessary to aid county governments in the implementation of21 such policy.22 8. State domestic violence policy. (a) The office shall survey every23 state agency to determine any activities, programs, rules, regulations,24 guidelines or statutory requirements that have a direct or indirect25 bearing on the state's efforts and abilities to address the issue of26 domestic violence including, but not limited to, the provision of27 services to victims and their families. Within two years of the effec-28 tive date of this subdivision, the office shall compile such information29 and provide a report, with appropriate comments and recommendations, to30 the governor and the legislature. For the purposes of this subdivision,31 "state agency" shall have the same meaning as such term is defined in32 section two-a of the state finance law.33 (b) Within three years of the effective date of this subdivision the34 office shall recommend a state domestic violence policy consistent with35 statute and best practice, policies, procedures and protocols to the36 governor and the legislature. The purpose of such model policy shall be37 to provide consistency and coordination by and between state agencies38 and departments to address the issue of domestic violence. In developing39 such model policy, the office shall consult with a statewide advocacy40 organization for the prevention of domestic violence, and shall assure41 that the advisory council reviews all data and recommendations and shall42 not submit such model policy until approved by the advisory council.43 Such recommendations shall be provided exclusive of any study or report44 the office is required to undertake pursuant to a chapter of the laws of45 nineteen hundred ninety-four, entitled "the family protection and domes-46 tic violence intervention act of 1994".47 (c)] 6. No state agency shall promulgate a rule pursuant to the state__48 administrative procedure act, or adopt a guideline or other procedure,49 including a request for proposals, directly or indirectly affecting the50 provision of services to victims of domestic violence, or the provision51 of services by residential or non-residential domestic violence52 programs, as such terms are defined in section four hundred fifty-nine-a53 of the social services law, or establish a grant program directly or54 indirectly affecting such victims of domestic violence or providers of55 service, without first consulting the office, which shall provide all56 comments in response to such rules, guidelines or procedures in writing

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1 directly to the chief executive officer of such agency, to the adminis-2 trative regulations review committee and to the appropriate committees3 of the legislature having jurisdiction of the subject matter addressed4 within two weeks of receipt thereof, provided that failure of the office5 to respond as required herein shall not otherwise impair the ability of6 such state agency to promulgate a rule. This paragraph shall not apply7 to an appropriation which finances a contract with a not-for-profit8 organization which has been identified for a state agency without the9 use of a request for proposals.10 [9. Model domestic violence employee awareness and assistance policy.11 (a) The office shall convene a task force including members of the busi-12 ness community, employees, employee organizations, representatives from13 the department of labor and the empire state development corporation,14 and directors of domestic violence programs, including representatives15 of statewide advocacy organizations for the prevention of domestic16 violence, to develop a model domestic violence employee awareness and17 assistance policy for businesses.18 The office shall give due consideration to the recommendations of the19 governor, the temporary president of the senate, and the speaker of the20 assembly for participation by any person on the task force, and shall21 make reasonable efforts to assure regional balance in membership.22 (b) The purpose of the model employee awareness and assistance policy23 shall be to provide businesses with the best practices, policies, proto-24 cols and procedures in order that they ascertain domestic violence25 awareness in the workplace, assist affected employees, and provide a26 safe and helpful working environment for employees currently or poten-27 tially experiencing the effects of domestic violence. The model plan28 shall include but not be limited to:29 (i) the establishment of a definite corporate policy statement recog-30 nizing domestic violence as a workplace issue as well as promoting the31 need to maintain job security for those employees currently involved in32 domestic violence disputes;33 (ii) policy and service publication requirements, including posting34 said policies and service availability pamphlets in break rooms, on35 bulletin boards, restrooms and other communication methods;36 (iii) a listing of current domestic violence community resources such37 as shelters, crisis intervention programs, counseling and case manage-38 ment programs, legal assistance and advocacy opportunities for affected39 employees;40 (iv) measures to ensure workplace safety including, where appropriate,41 designated parking areas, escort services and other affirmative safe-42 guards;43 (v) training programs and protocols designed to educate employees and44 managers in how to recognize, approach and assist employees experiencing45 domestic violence, including both victims and batterers; and46 (vi) other issues as shall be appropriate and relevant for the task47 force in developing such model policy.48 (c) Such model policy shall be reviewed by the task force to assure49 consistency with existing law and shall be made the subject of public50 hearings convened by the office throughout the state at places and at51 times which are convenient for attendance by the public, after which the52 policy shall be reviewed by the task force and amended as necessary to53 reflect concerns raised at the hearings. If approved by the task force,54 such model policy shall be provided as approved with explanation of its55 provisions to the governor and the legislature not later than one year56 after the effective date of this subdivision. The office shall make

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1 every effort to notify businesses of the availability of such model2 domestic violence employee awareness and assistance policy.3 (d) The office in consultation with the task force, providers of4 services, the advisory council, the department of labor, the empire5 state development corporation, and representatives of statewide advocacy6 organizations for the prevention of domestic violence, shall provide7 technical support, information, and encouragement to businesses to8 implement the provisions of the model domestic violence employee aware-9 ness and assistance policy.10 (e) Nothing contained in this subdivision shall be deemed to prevent11 businesses from adopting their own domestic violence employee awareness12 and assistance policy.13 (f) The office shall survey businesses within four years of the effec-14 tive date of this section to determine the level of model policy15 adoption amongst businesses and shall take steps necessary to promote16 the further adoption of such policy.17 10. New York state address confidentiality program. The office shall18 study and issue a report to the governor and the legislature on the19 advisability and feasibility of creating an address confidentiality20 program in New York state to allow victims of domestic violence who have21 left abusive relationships to keep new addresses confidential. The study22 shall include, but not be limited to, an analysis of the various types23 of public records involved in domestic violence cases in order to deter-24 mine the appropriateness of such records for such program, the potential25 effects of an address confidentiality program on the record-keeping26 practices of state and local agencies, issues concerning inter-agency27 cooperation, enforcement and procedure, the impact on the court system28 and any fiscal ramifications. The office shall consult with experts,29 service providers and representative organizations in the field of30 domestic violence, other states which have created similar programs, the31 division of criminal justice services and the department of state. The32 office shall complete such study and report within one year of the33 effective date of this subdivision.]34 § 53. Section 576 of the executive law is REPEALED.35 § 54. The article heading of article 21 of the executive law, as added36 by chapter 463 of the laws of 1992, is amended to read as follows:37 [NEW YORK STATE] OFFICE FOR38 THE PREVENTION OF DOMESTIC VIOLENCE39 § 55. Transfer of employees. Notwithstanding any other provision of40 law, rule, or regulation to the contrary, upon the transfer of functions41 from the office for the prevention of domestic violence to the division42 of criminal justice services pursuant to subdivision 8 of section 836 of43 the executive law, as added by section three of this act, all employees44 of the office for the prevention of domestic violence shall be trans-45 ferred to the division of criminal justice services. Employees trans-46 ferred pursuant to this section shall be transferred without further47 examination or qualification and shall retain their respective civil48 service classifications, status and collective bargaining unit desig-49 nations and collective bargaining agreements.50 § 56. Transfer of records. All books, papers, and property of the51 office for the prevention of domestic violence shall be delivered to the52 commissioner of the division of criminal justice services. All books,53 papers, and property of the office for the prevention of domestic54 violence shall continue to be maintained by the division of criminal55 justice services.

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1 § 57. Continuity of authority. For the purpose of succession of all2 functions, powers, duties and obligations transferred and assigned to,3 devolved upon and assumed by it pursuant to this act, the division of4 criminal justice services shall be deemed and held to constitute the5 continuation of the office for the prevention of domestic violence.6 § 58. Completion of unfinished business. Any business or other matter7 undertaken or commenced by the office for the prevention of domestic8 violence or the director thereof pertaining to or connected with the9 functions, powers, obligations and duties hereby transferred and10 assigned to the division of criminal justice services and pending on the11 effective date of this act, may be conducted and completed by the divi-12 sion of criminal justice services in the same manner and under the same13 terms and conditions and with the same effect as if conducted and14 completed by the office for the prevention of domestic violence.15 § 59. Continuation of rules and regulations. All rules, regulations,16 acts, orders, determinations, and decisions of the office for the17 prevention of domestic violence pertaining to the functions and powers18 herein transferred and assigned, in force at the time of such transfer19 and assumption, shall continue in full force and effect as rules, regu-20 lations, acts, orders, determinations and decisions of the division of21 criminal justice services until duly modified or abrogated by the22 commissioner of the division of criminal justice services.23 § 60. Terms occurring in laws, contracts and other documents. Whenever24 the office for the prevention of domestic violence or the director ther-25 eof, is referred to or designated in any law, contract or document26 pertaining to the functions, powers, obligations and duties hereby27 transferred to and assigned to the division of criminal justice services28 or the commissioner of the division of criminal justice services, such29 reference or designation shall be deemed to refer to the division of30 criminal justice services or commissioner of the division of criminal31 justice services, as applicable.32 § 61. Existing rights and remedies preserved. No existing right or33 remedy of any character shall be lost, impaired or affected by any34 provisions of this act.35 § 62. Pending actions and proceedings. No action or proceeding pending36 at the time when this act shall take effect, brought by or against the37 office for the prevention of domestic violence or the director thereof,38 shall be affected by any provision of this act, but the same may be39 prosecuted or defended in the name of the commissioner of the division40 of criminal justice services or the division of criminal justice41 services. In all such actions and proceedings, the commissioner of the42 division of criminal justice services, upon application of the court,43 shall be substituted as a party.44 § 63. Transfer of appropriations heretofore made. All appropriations45 or reappropriations heretofore made to the office for the prevention of46 domestic violence to the extent of remaining unexpended or unencumbered47 balance thereof, whether allocated or unallocated and whether obligated48 or unobligated, are hereby transferred to and made available for use and49 expenditure by the division of criminal justice services subject to the50 approval of the director of the budget for the same purposes for which51 originally appropriated or reappropriated and shall be payable on vouch-52 ers certified or approved by the commissioner of the division of crimi-53 nal justice services on audit and warrant of the comptroller.54 § 64. Transfer of assets and liabilities. All assets and liabilities55 of the office for the prevention of domestic violence are hereby trans-56 ferred to and assumed by the division of criminal justice services.

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1 § 65. The opening paragraph and subdivision (a) of section 214-b of2 the executive law, as added by chapter 222 of the laws of 1994, is3 amended to read as follows:4 The superintendent shall, for all members of the state police includ-5 ing new and veteran officers, develop, maintain and disseminate, in6 consultation with the [state] office for the prevention of domestic7 violence, written policies and procedures consistent with article eight8 of the family court act and applicable provisions of the criminal proce-9 dure law and the domestic relations [laws] law, regarding the investi-___ ___ ___10 gation of and intervention in incidents of family offenses. Such poli-11 cies and procedures shall make provision for education and training in12 the interpretation and enforcement of New York's family offense laws,13 including but not limited to:14 (a) intake and recording of victim statements, on a standardized15 "domestic violence incident report form" promulgated by the state divi-16 sion of criminal justice services in consultation with the superinten-17 dent and with the [state] director of the office for the prevention of_______________18 domestic violence, and the investigation thereof so as to ascertain19 whether a crime has been committed against the victim by a member of the20 victim's family or household as such terms are defined in section eight21 hundred twelve of the family court act and section 530.11 of the crimi-22 nal procedure law;23 § 66. The opening paragraph of subdivision 15 of section 837 of the24 executive law, as amended by chapter 626 of the laws of 1997, is amended25 to read as follows:26 Promulgate, in consultation with the superintendent of state police27 and the [state] director of the office for the prevention of domestic_______________28 violence, a standardized "domestic violence incident report form" for29 use by state and local law enforcement agencies in the reporting,30 recording and investigation of all alleged incidents of domestic31 violence, regardless of whether an arrest is made as a result of such32 investigation. Such form shall be prepared in multiple parts, one of33 which shall be immediately provided to the victim, and shall include34 designated spaces for: the recordation of the results of the investi-35 gation by the law enforcement agency and the basis for any action taken;36 the recordation of a victim's allegations of domestic violence; the age37 and gender of the victim and the alleged offender or offenders; and38 immediately thereunder a space on which the victim may sign and verify39 such victim's allegations. Such form shall also include, but not be40 limited to spaces to identify:41 § 67. Intentionally omitted.42 § 68. Section 10-a of the labor law, as added by chapter 527 of the43 laws of 1995, is amended to read as follows:44 § 10-a. Domestic violence policy. The commissioner shall study the45 issue of employees separated from employment due to acts of domestic46 violence as referred to in and qualified by section four hundred fifty-47 nine-a of the social services law. The commissioner shall consult with48 the [New York state] office for the prevention of domestic violence and49 its advisory council, the department of social services[, the division50 of women] and members of the public in preparing such study. Such study51 shall include a review of case histories in which unemployment compen-52 sation was sought and an analysis of the policies in other states. A53 copy of such study shall be transmitted to the temporary president of54 the senate and the speaker of the assembly on or before January55 fifteenth, nineteen hundred ninety-six and shall contain policy recom-56 mendations.

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1 § 69. Section 10-b of the labor law, as added by chapter 368 of the2 laws of 1997, is amended to read as follows:3 § 10-b. Domestic violence employee awareness and assistance. The4 commissioner shall assist the office for the prevention of domestic5 violence in the creation, approval and dissemination of the model domes-6 tic violence employee awareness and assistance policy [as further7 defined in subdivision nine of section five hundred seventy-five of the8 executive law]. Upon completion and approval of the model [plan as9 outlined in subdivision nine of section five hundred seventy-five of the10 executive law,] policy, the commissioner shall assist in the promotion_______11 of the model policy to businesses in New York state.12 § 70. Intentionally omitted.13 § 71. The opening paragraph of subdivision 2 of section 2803-p of the14 public health law, as added by chapter 271 of the laws of 1997, is15 amended to read as follows:16 Every hospital having maternity and newborn services shall provide17 information concerning family violence to parents of newborn infants at18 any time prior to the discharge of the mother. Such information shall19 also be provided by every diagnostic and treatment center offering20 prenatal care services to women upon an initial prenatal care visit.21 The commissioner shall, in consultation with the [state] office for the22 prevention of domestic violence and the department of social services,23 prepare, produce and transmit such notice to such facilities in quanti-24 ties sufficient to comply with the requirements of this section. Such25 notice shall contain information which shall include but not be limited26 to the effects of family violence and the services available to women27 and children experiencing family violence.28 § 72. Intentionally omitted.29 § 73. Subdivision 1 of section 111-v of the social services law, as30 added by chapter 398 of the laws of 1997, is amended to read as follows:31 1. The department, in consultation with appropriate agencies including32 but not limited to the [New York state] office for the prevention of33 domestic violence, shall by regulation prescribe and implement safe-34 guards on the confidentiality, integrity, accuracy, access, and the use35 of all confidential information and other data handled or maintained,36 including data obtained pursuant to section one hundred eleven-o of this37 article and including such information and data maintained in the auto-38 mated child support enforcement system. Such information and data shall39 be maintained in a confidential manner designed to protect the privacy40 rights of the parties and shall not be disclosed except for the purpose41 of, and to the extent necessary to, establish paternity, or establish,42 modify or enforce an order of support.43 § 74. Intentionally omitted.44 § 75. Intentionally omitted.45 § 76. Subdivision (a) of section 483-ee of the social services law, as46 added by chapter 74 of the laws of 2007, is amended to read as follows:47 (a) There is established an interagency task force on trafficking in48 persons, which shall consist of the following members or their desig-49 nees: (1) the commissioner of the division of criminal justice services;50 (2) the commissioner of the office of temporary and disability assist-51 ance; (3) the commissioner of health; (4) the commissioner of the office52 of mental health; (5) the commissioner of labor; (6) the commissioner of53 the office of children and family services; (7) the commissioner of the54 office of alcoholism and substance abuse services; (8) the [chairperson]55 director of the [crime victims board] office of victim services; (9) the________ _________________________56 [executive] director of the office for the prevention of domestic

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1 violence; and (10) the superintendent of the division of state police;2 and others as may be necessary to carry out the duties and responsibil-3 ities under this section. The task force will be co-chaired by the4 commissioners of the division of criminal justice services and the5 office of temporary and disability assistance, or their designees. It6 shall meet as often as is necessary and under circumstances as are7 appropriate to fulfilling its duties under this section.8 § 77. Intentionally omitted.9 § 78. Subdivision 6 of section 530.11 of the criminal procedure law,10 as amended by chapter 224 of the laws of 1994, is amended to read as11 follows:12 6. Notice. Every police officer, peace officer or district attorney13 investigating a family offense under this article shall advise the14 victim of the availability of a shelter or other services in the commu-15 nity, and shall immediately give the victim written notice of the legal16 rights and remedies available to a victim of a family offense under the17 relevant provisions of the criminal procedure law, the family court act18 and the domestic relations law. Such notice shall be prepared in Spanish19 and English and if necessary, shall be delivered orally, and shall20 include but not be limited to the following statement:21 "If you are the victim of domestic violence, you may request that the22 officer assist in providing for your safety and that of your children,23 including providing information on how to obtain a temporary order of24 protection. You may also request that the officer assist you in obtain-25 ing your essential personal effects and locating and taking you, or26 assist in making arrangements to take you, and your children to a safe27 place within such officer's jurisdiction, including but not limited to a28 domestic violence program, a family member's or a friend's residence, or29 a similar place of safety. When the officer's jurisdiction is more than30 a single county, you may ask the officer to take you or make arrange-31 ments to take you and your children to a place of safety in the county32 where the incident occurred. If you or your children are in need of33 medical treatment, you have the right to request that the officer assist34 you in obtaining such medical treatment. You may request a copy of any35 incident reports at no cost from the law enforcement agency. You have36 the right to seek legal counsel of your own choosing and if you proceed37 in family court and if it is determined that you cannot afford an attor-38 ney, one must be appointed to represent you without cost to you.39 You may ask the district attorney or a law enforcement officer to file40 a criminal complaint. You also have the right to file a petition in the41 family court when a family offense has been committed against you. You42 have the right to have your petition and request for an order of43 protection filed on the same day you appear in court, and such request44 must be heard that same day or the next day court is in session. Either45 court may issue an order of protection from conduct constituting a fami-46 ly offense which could include, among other provisions, an order for the47 respondent or defendant to stay away from you and your children. The48 family court may also order the payment of temporary child support and49 award temporary custody of your children. If the family court is not in50 session, you may seek immediate assistance from the criminal court in51 obtaining an order of protection.52 The forms you need to obtain an order of protection are available from53 the family court and the local criminal court (the addresses and tele-54 phone numbers shall be listed). The resources available in this communi-55 ty for information relating to domestic violence, treatment of injuries,56 and places of safety and shelters can be accessed by calling the follow-

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1 ing 800 numbers (the statewide English and Spanish language 800 numbers2 shall be listed and space shall be provided for local domestic violence3 hotline telephone numbers).4 Filing a criminal complaint or a family court petition containing5 allegations that are knowingly false is a crime."6 The division of criminal justice services in consultation with the7 [state] director of the office for the prevention of domestic violence________________8 shall prepare the form of such written notice consistent with provisions9 of this section and distribute copies thereof to the appropriate law10 enforcement officials pursuant to subdivision nine of section eight11 hundred forty-one of the executive law.12 Additionally, copies of such notice shall be provided to the chief13 administrator of the courts to be distributed to victims of family14 offenses through the criminal court at such time as such persons first15 come before the court and to the state department of health for distrib-16 ution to all hospitals defined under article twenty-eight of the public17 health law. No cause of action for damages shall arise in favor of any18 person by reason of any failure to comply with the provisions of this19 subdivision except upon a showing of gross negligence or willful miscon-20 duct.21 § 79. Paragraph 2 of subdivision (a) of section 249-b of the family22 court act, as added by chapter 476 of the laws of 2009, is amended to23 read as follows:24 2. provide for the development of training programs with the input of25 and in consultation with the [state] office for the prevention of domes-26 tic violence. Such training programs must include the dynamics of27 domestic violence and its effect on victims and on children, and the28 relationship between such dynamics and the issues considered by the29 court, including, but not limited to, custody, visitation and child30 support. Such training programs along with the providers of such train-31 ing must be approved by the office of court administration following32 consultation with and input from the [state] office for the prevention33 of domestic violence; and34 § 80. Subdivision 5 of section 812 of the family court act, as amended35 by chapter 224 of the laws of 1994, is amended to read as follows:36 5. Notice. Every police officer, peace officer or district attorney37 investigating a family offense under this article shall advise the38 victim of the availability of a shelter or other services in the commu-39 nity, and shall immediately give the victim written notice of the legal40 rights and remedies available to a victim of a family offense under the41 relevant provisions of the criminal procedure law, the family court act42 and the domestic relations law. Such notice shall be available in43 English and Spanish and, if necessary, shall be delivered orally and44 shall include but not be limited to the following statement:45 "If you are the victim of domestic violence, you may request that the46 officer assist in providing for your safety and that of your children,47 including providing information on how to obtain a temporary order of48 protection. You may also request that the officer assist you in obtain-49 ing your essential personal effects and locating and taking you, or50 assist in making arrangement to take you, and your children to a safe51 place within such officer's jurisdiction, including but not limited to a52 domestic violence program, a family member's or a friend's residence, or53 a similar place of safety. When the officer's jurisdiction is more than54 a single county, you may ask the officer to take you or make arrange-55 ments to take you and your children to a place of safety in the county56 where the incident occurred. If you or your children are in need of

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1 medical treatment, you have the right to request that the officer assist2 you in obtaining such medical treatment. You may request a copy of any3 incident reports at no cost from the law enforcement agency. You have4 the right to seek legal counsel of your own choosing and if you proceed5 in family court and if it is determined that you cannot afford an attor-6 ney, one must be appointed to represent you without cost to you.7 You may ask the district attorney or a law enforcement officer to file8 a criminal complaint. You also have the right to file a petition in the9 family court when a family offense has been committed against you. You10 have the right to have your petition and request for an order of11 protection filed on the same day you appear in court, and such request12 must be heard that same day or the next day court is in session. Either13 court may issue an order of protection from conduct constituting a fami-14 ly offense which could include, among other provisions, an order for the15 respondent or defendant to stay away from you and your children. The16 family court may also order the payment of temporary child support and17 award temporary custody of your children. If the family court is not in18 session, you may seek immediate assistance from the criminal court in19 obtaining an order of protection.20 The forms you need to obtain an order of protection are available from21 the family court and the local criminal court (the addresses and tele-22 phone numbers shall be listed). The resources available in this communi-23 ty for information relating to domestic violence, treatment of injuries,24 and places of safety and shelters can be accessed by calling the follow-25 ing 800 numbers (the statewide English and Spanish language 800 numbers26 shall be listed and space shall be provided for local domestic violence27 hotline telephone numbers).28 Filing a criminal complaint or a family court petition containing29 allegations that are knowingly false is a crime."30 The division of criminal justice services in consultation with the31 [state] office for the prevention of domestic violence shall prepare the32 form of such written notice consistent with the provisions of this33 section and distribute copies thereof to the appropriate law enforcement34 officials pursuant to subdivision nine of section eight hundred forty-35 one of the executive law. Additionally, copies of such notice shall be36 provided to the chief administrator of the courts to be distributed to37 victims of family offenses through the family court at such time as such38 persons first come before the court and to the state department of39 health for distribution to all hospitals defined under article twenty-40 eight of the public health law. No cause of action for damages shall41 arise in favor of any person by reason of any failure to comply with the42 provisions of this subdivision except upon a showing of gross negligence43 or willful misconduct.44 § 81. Paragraph (f) of subdivision 3 of section 840 of the executive45 law, as amended by section 5 of part Q of chapter 56 of the laws of46 2009, is amended to read as follows:47 (f) Develop, maintain and disseminate, in consultation with the48 [state] office for the prevention of domestic violence, written policies49 and procedures consistent with article eight of the family court act and50 applicable provisions of the criminal procedure and domestic relations51 laws, regarding the investigation of and intervention by new and veteran52 police officers in incidents of family offenses. Such policies and53 procedures shall make provisions for education and training in the54 interpretation and enforcement of New York's family offense laws,55 including but not limited to:

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1 (1) intake and recording of victim statements, on a standardized2 "domestic violence incident report form" promulgated by the division of3 criminal justice services in consultation with the superintendent of4 state police, representatives of local police forces and the [state]5 office for the prevention of domestic violence, and the investigation6 thereof so as to ascertain whether a crime has been committed against7 the victim by a member of the victim's family or household as such terms8 are defined in section eight hundred twelve of the family court act and9 section 530.11 of the criminal procedure law; and10 (2) the need for immediate intervention in family offenses including11 the arrest and detention of alleged offenders, pursuant to subdivision12 four of section 140.10 of the criminal procedure law, and notifying13 victims of their rights, including but not limited to immediately14 providing the victim with the written notice required in subdivision six15 of section 530.11 of the criminal procedure law and subdivision five of16 section eight hundred twelve of the family court act;17 § 82. Subdivision 1 of section 621 of the executive law, as amended18 by chapter 17 of the laws of 1982, is amended and three new subdivisions19 1-a, 1-b and 1-c are added to read as follows:20 1. "Board" shall mean the crime victims compensation appeals board.____________________21 1-a. "Office" shall mean the office of victim services._______________________________________________________22 1-b. "Division" shall mean the division of criminal justice services._____________________________________________________________________23 1-c. "Commissioner" shall mean the commissioner of the division of______________________________________________________________________24 criminal justice services.__________________________25 § 83. Section 622 of the executive law is REPEALED and a new section26 622 is added to read as follows:27 § 622. Office of victim services. There is hereby created in the divi-______________________________________________________________________28 sion of criminal justice services the office of victim services, herein-________________________________________________________________________29 after in this article referred to as the "office". The office shall be________________________________________________________________________30 headed by a director, who shall be appointed by the commissioner for a________________________________________________________________________31 term of three years. The director shall, in consultation with the________________________________________________________________________32 commissioner, coordinate and recommend policy relating to the provision________________________________________________________________________33 of services to crime victims. The commissioner, in consultation with the________________________________________________________________________34 director, shall appoint staff and perform such other functions to ensure________________________________________________________________________35 the efficient operation of the office within the amounts made available________________________________________________________________________36 therefor by appropriation.__________________________37 § 84. Section 623 of the executive law, as added by chapter 894 of38 the laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19,39 20 and 21 as added by chapter 688 of the laws of 1985, subdivision 18 as40 amended by chapter 74 of the laws of 1986, paragraph (a) of subdivision41 20 as amended by chapter 418 of the laws of 1986, and subdivision 22 as42 added by chapter 346 of the laws of 1986, is amended to read as follows:43 § 623. Powers and duties of the [board] office. The [board] office______ ______44 shall have the following powers and duties:45 1. To [establish and maintain a principal office and such other46 offices within the state as it may deem necessary.47 2. To appoint a secretary, counsel, clerks and such other employees48 and agents as it may deem necessary, fix their compensation within the49 limitations provided by law, and prescribe their duties.50 3. To adopt, promulgate, amend and rescind] recommend to the commis-__________________________51 sioner suitable rules and regulations to carry out the provisions and______52 purposes of this article, including rules for the determination of__________________________________53 claims, rules for the approval of attorneys' fees for representation_______54 before the office and board and/or before the appellate division upon__________55 judicial review as provided for in section six hundred twenty-nine of56 this article, and rules for the authorization of qualified persons to

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1 assist claimants in the preparation of claims for presentation to the2 office and board [or board members].__________3 [4.] 2. To request from the division of state police, from county or__4 municipal police departments and agencies and from any other state or5 municipal department or agency, or public authority, and the same are6 hereby authorized to provide, such assistance and data as will enable7 the [board] office to carry out its functions and duties.______8 [5.] 3. To hear and determine all claims for awards filed with the__9 [board] office pursuant to this article, and to reinvestigate or reopen______10 cases as [the board deems] necessary.11 [6.] 4. To direct medical examination of victims.__12 [7.] 5. To hold hearings, administer oaths or affirmations, examine__13 any person under oath or affirmation and to issue subpoenas requiring14 the attendance and giving of testimony of witnesses and require the15 production of any books, papers, documentary or other evidence. The16 powers provided in this subdivision may be delegated by the [board]17 commissioner, after consultation with the director, to any member or___________________________________________________18 employee [thereof] of the division. A subpoena issued under this subdi-_______________19 vision shall be regulated by the civil practice law and rules.20 [8.] 6. To take or cause to be taken affidavits or depositions within__21 or without the state.22 [9.] 7. To establish and maintain a special investigative unit to__23 expedite processing of claims by senior citizens and special emergency24 situations[, and to promote the establishment of a volunteer program of25 home visitation to elderly and invalid victims of violent crime].26 [10.] 8. To advise and assist the governor in developing policies__27 designed to recognize the legitimate rights, needs and interests of28 crime victims.29 [11.] 9. To coordinate state programs and activities relating to crime__30 victims.31 [12.] 10. To cooperate with and assist political subdivisions of the___32 state and not-for-profit organizations in the development of local33 programs for crime victims.34 [13.] 11. To study the operation of laws and procedures affecting___35 crime victims and recommend to the governor and legislature proposals to_______________36 improve the administration and effectiveness of such laws.37 [14. To establish an advisory council to assist in formulation of38 policies on the problems of crime victims.39 15.] 12. To [advocate] work with national associations, statewide___ ___________________________________________40 coalitions, regional coalitions, victim service providers, and other________________________________________________________________________41 advocates to address and advance the rights and interests of crime____________________________________42 victims of the state [before federal, state and local administrative,43 regulatory, legislative, judicial and criminal justice agencies].44 [16.] 13. To promote and conduct studies, research, analyses and___45 investigations of matters affecting the interests of crime victims.46 [17.] 14. To [sponsor conferences relating to the problems of crime___47 victims] coordinate training opportunities for crime victim advocates______________________________________________________________48 and service providers._____________________49 [18. To serve as a clearinghouse for information relating to crime50 victims' problems and programs.51 19.] 15. To accept, with the approval of the commissioner and gover-___ ________________52 nor, as agent of the state, any grant including federal grants, or any53 gift for the purposes of this article. Any monies so received may be54 expended by the [board] office to effectuate any purpose of this arti-______55 cle, subject to the applicable provisions of the state finance law.

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1 [20. To render each year to the governor and to the legislature, on or2 before December first of each year, a written report on the board's3 activities including, but not limited to, specific information on each4 of the subdivisions of this section, and the manner in which the rights,5 needs and interests of crime victims are being addressed by the state's6 criminal justice system. Such report shall also include, but not be7 limited to:8 (a) Information transmitted by the state division of probation and9 correctional alternatives under subdivision five of section 390.30 of10 the criminal procedure law and subdivision seven of section 351.1 of the11 family court act which the board shall compile, review and make recom-12 mendations on how to promote the use of restitution and encourage its13 enforcement.14 (b) Information relating to the implementation of and compliance with15 article twenty-three of this chapter by the criminal justice agencies16 and the "crime victim-related agencies" of the state.17 21. To make grants to local crime victim service programs and carry18 out related duties under section six hundred thirty-one-a of this arti-19 cle.20 22. To delegate to specified employees of the board the power to21 disallow claims under circumstances where regulations of the board22 provide for disallowance without prejudice to the reopening of claims.]23 § 85. Paragraph (i) of subdivision 1 and subdivision 2 of section 62424 of the executive law, paragraph (i) of subdivision 1 as amended by chap-25 ter 427 of the laws of 1999 and subdivision 2 as amended by chapter 85926 of the laws of 1990, are amended to read as follows:27 (i) a surviving spouse of a crime victim who died from causes not28 directly related to the crime when such victim died prior to filing a29 claim with the [board] office or subsequent to filing a claim but prior______30 to the rendering of a decision by the [board] office. Such award shall______31 be limited to out-of-pocket loss incurred as a direct result of the32 crime; and33 2. A person who is criminally responsible for the crime upon which a34 claim is based or an accomplice of such person shall not be eligible to35 receive an award with respect to such claim. A member of the family of36 a person criminally responsible for the crime upon which a claim is37 based or a member of the family of an accomplice of such person, shall38 be eligible to receive an award, unless the [board] office determines______39 pursuant to regulations [adopted by the board] promulgated to carry out________________________40 the provisions and purposes of this article, that the person criminally___________________________________________41 responsible will receive substantial economic benefit or unjust enrich-42 ment from the compensation. In such circumstances the award may be43 reduced or structured in such way as to remove the substantial economic44 benefit or unjust enrichment to such person or the claim may be denied.45 § 85-a. Section 625 of the executive law, as added by chapter 894 of46 the laws of 1966, subdivision 1 as amended by chapter 115 of the laws of47 1981, subdivision 2 as amended by chapter 359 of the laws of 2001 and48 subdivision 4 as amended by chapter 726 of the laws of 1969, is amended49 to read as follows:50 § 625. Filing of claims. 1. A claim may be filed by a person eligible51 to receive an award, as provided in section six hundred twenty-four of52 this article, or, if such person is under the age of eighteen years, an53 incompetent, or a conservatee, by his relative, guardian, committee,54 conservator, or attorney.55 2. A claim must be filed by the claimant not later than one year after56 the occurrence or discovery of the crime upon which such claim is based,

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1 one year after a court finds a lawsuit to be frivolous, or not later2 than one year after the death of the victim, provided, however, that3 upon good cause shown, the [board] office may extend the time for______4 filing. The [board] office shall extend the time for filing where the______5 claimant received no notice pursuant to section six hundred6 twenty-five-a of this article and had no knowledge of eligibility pursu-7 ant to section six hundred twenty-four of this article.8 3. Claims shall be filed [in the office of the secretary of the board]9 in person [or], by mail or electronically, in such manner as the office_ _______________________________________________10 may prescribe. The [secretary of the board] office shall accept for_____________ ______11 filing all claims submitted by persons eligible under subdivision one of12 this section and alleging the jurisdictional requirements set forth in13 this article and meeting the requirements as to form in the rules and14 regulations [of the board] promulgated to carry out the provisions and___________________________________________15 purposes of this article.________________________16 [4. Upon filing of a claim pursuant to this article, the board shall17 promptly notify the district attorney of the county wherein the crime is18 alleged to have occurred. If, within ten days after such notification,19 such district attorney advises the board that a criminal prosecution is20 pending upon the same alleged crime and requests that action by the21 board be deferred, the board shall defer all proceedings under this22 article until such time as such criminal prosecution has been concluded23 and shall so notify such district attorney and the claimant. When such24 criminal prosecution has been concluded, such district attorney shall25 promptly so notify the board. Nothing in this section shall limit the26 authority of the board to grant emergency awards pursuant to section six27 hundred thirty of this article.]28 § 86. Transfer of employees. Notwithstanding any other provision of29 law, rule, or regulation to the contrary, upon the transfer of functions30 from the crime victims board to the division of criminal justice31 services pursuant to subdivision 9 of section 836 of the executive law,32 as added by section three of this act, all employees of the crime33 victims board shall be transferred to the division of criminal justice34 services. Employees transferred pursuant to this section shall be trans-35 ferred without further examination or qualification and shall retain36 their respective civil service classifications, status and collective37 bargaining unit designations and collective bargaining agreements.38 § 87. Transfer of records. All books, papers, and property of the39 crime victims board shall be delivered to the commissioner of the divi-40 sion of criminal justice services. All books, papers, and property of41 the crime victims board shall continue to be maintained by the division42 of criminal justice services.43 § 88. Continuity of authority. For the purpose of succession of all44 functions, powers, duties and obligations transferred and assigned to,45 devolved upon and assumed by it pursuant to this act, the division of46 criminal justice services shall be deemed and held to constitute the47 continuation of the crime victims board.48 § 89. Completion of unfinished business. Any business or other matter49 undertaken or commenced by the crime victims board or the chairman ther-50 eof pertaining to or connected with the functions, powers, obligations51 and duties hereby transferred and assigned to the division of criminal52 justice services and pending on the effective date of this act, may be53 conducted and completed by the division of criminal justice services in54 the same manner and under the same terms and conditions and with the55 same effect as if conducted and completed by the crime victims board.

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1 § 90. Continuation of rules and regulations. All rules, regulations,2 acts, orders, determinations, and decisions of the crime victims board3 pertaining to the functions and powers herein transferred and assigned,4 in force at the time of such transfer and assumption, shall continue in5 full force and effect as rules, regulations, acts, orders, determi-6 nations and decisions of the division of criminal justice services until7 duly modified or abrogated by the commissioner of the division of crimi-8 nal justice services.9 § 91. Terms occurring in laws, contracts and other documents. Whenever10 the crime victims board or the chairman thereof, is referred to or11 designated in any law, contract or document pertaining to the functions,12 powers, obligations and duties hereby transferred to and assigned to the13 division of criminal justice services or the commissioner of the divi-14 sion of criminal justice services, such reference or designation shall15 be deemed to refer to the division of criminal justice services or16 commissioner of the division of criminal justice services, as applica-17 ble.18 § 92. Existing rights and remedies preserved. No existing right or19 remedy of any character shall be lost, impaired or affected by any20 provisions of this act.21 § 93. Pending actions and proceedings. No action or proceeding pending22 at the time when this act shall take effect, brought by or against the23 crime victims board or the chairman thereof, shall be affected by any24 provision of this act, but the same may be prosecuted or defended in the25 name of the commissioner of the division of criminal justice services or26 the division of criminal justice services. In all such actions and27 proceedings, the commissioner of the division of criminal justice28 services, upon application of the court, shall be substituted as a29 party.30 § 94. Transfer of appropriations heretofore made. All appropriations31 or reappropriations heretofore made to the crime victims board to the32 extent of remaining unexpended or unencumbered balance thereof, whether33 allocated or unallocated and whether obligated or unobligated, are here-34 by transferred to and made available for use and expenditure by the35 division of criminal justice services subject to the approval of the36 director of the budget for the same purposes for which originally appro-37 priated or reappropriated and shall be payable on vouchers certified or38 approved by the commissioner of the division of criminal justice39 services on audit and warrant of the comptroller.40 § 95. Transfer of assets and liabilities. All assets and liabilities41 of the crime victims board are hereby transferred to and assumed by the42 division of criminal justice services.43 § 96. Paragraphs (c), (e) and (f) of subdivision 1 of section 169 of44 the executive law, paragraph (c) as amended by chapter 634 of the laws45 of 1998, paragraph (e) as amended by chapter 437 of the laws of 1995,46 and paragraph (f) as amended by chapter 83 of the laws of 1995, are47 amended to read as follows:48 (c) commissioner of agriculture and markets, commissioner of alcohol-49 ism and substance abuse services, adjutant general, commissioner and50 president of state civil service commission, commissioner of economic51 development, chair of the energy research and development authority,52 executive director of the board of real property services, president of53 higher education services corporation, commissioner of motor vehicles,54 member-chair of board of parole, [director of probation and correctional55 alternatives,] chair of public employment relations board, secretary of56 state, chair of the state racing and wagering board, commissioner of

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1 alcoholism and substance abuse services, executive director of the hous-2 ing finance agency, commissioner of housing and community renewal, exec-3 utive director of state insurance fund, commissioner-chair of state4 liquor authority, chair of the workers' compensation board;5 (e) chairman of state athletic commission, chairman and executive6 director of consumer protection board, [member-chairman of crime victims7 board], chairman of human rights appeal board, chairman of the indus-8 trial board of appeals, chairman of the employment relations board,9 chairman of the state commission of correction, members of the board of10 parole, members of the state racing and wagering board, member-chairman11 of unemployment insurance appeal board, director of veterans' affairs,12 and vice-chairman of the workers' compensation board;13 (f) executive director of adirondack park agency, commissioners of the14 state liquor authority, commissioners of the state civil service commis-15 sion, members of state commission of correction, members of the employ-16 ment relations board, [members of crime victims board,] members of unem-17 ployment insurance appeal board, and members of the workers'18 compensation board.19 § 97. Subdivision 4-b of section 257 of the executive law, as added by20 chapter 62 of the laws of 2001, is amended to read as follows:21 4-b. It shall be the duty of every probation officer to provide writ-22 ten notice to probationers under the officer's supervision who may be23 subject to any requirement to report to the [crime victims board] office______24 of victim services any funds of a convicted person as defined in section__________________25 six hundred thirty-two-a of this chapter, the procedures for such26 reporting and any potential penalty for a failure to comply.27 § 98. Subdivision 6-a of section 259-a of the executive law, as added28 by chapter 62 of the laws of 2001, is amended to read as follows:29 6-a. The division shall have the duty to provide written notice to30 persons who are serving a term of parole, parole supervision, condi-31 tional release or post release supervision of any requirement to report32 to the [crime victims board] office of victim services any funds of a_________________________33 convicted person as defined in section [six hundred thirty-a] six___34 hundred thirty-two-a of this chapter, the procedure for such reporting____________________35 and any potential penalty for a failure to comply.36 § 99. Subdivision 16 of section 259-c of the executive law, as amended37 by section 7 of part E of chapter 62 of the laws of 2003 and as renum-38 bered by chapter 67 of the laws of 2008, is amended to read as follows:39 16. have the duty to provide written notice to such inmates prior to40 release on presumptive release, parole, parole supervision, conditional41 release or post release supervision or pursuant to subdivision six of42 section 410.91 of the criminal procedure law of any requirement to43 report to the [crime victims board] office of victim services any funds_________________________44 of a convicted person as defined in section six hundred thirty-two-a of45 this chapter, the procedure for such reporting and any potential penalty46 for a failure to comply.47 § 100. Subdivision 1 of section 625-a of the executive law, as amended48 by chapter 173 of the laws of 2006, is amended to read as follows:49 1. Every police station, precinct house, any appropriate location50 where a crime may be reported and any location required by the [rules51 and regulations of the board] office shall have available informative______52 booklets, pamphlets and other pertinent written information, including53 information cards, to be supplied by the [board] office, relating to the______54 availability of crime victims compensation including all necessary55 application blanks required to be filed with the [board] office and______56 shall display prominently posters giving notification of the existence

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1 and general provisions of this article, those provisions of the penal2 law that prohibit the intimidation of crime victims and the location of3 the nearest crime victim service program. The [board] office may issue______4 guidelines for the location of such display and shall provide posters,5 application forms, information cards and general information. Every6 victim who reports a crime in any manner whatsoever shall be given7 notice about the rights of crime victims and the existence of all rele-8 vant local victim's assistance programs and services pursuant to section9 six hundred twenty-five-b of this article, and supplied by the person10 receiving the report with information, application blanks, and informa-11 tion cards which shall clearly state: (a) that crime victims may be12 eligible for state compensation benefits; (b) the address and phone13 number of the [nearest board] office; (c) that police and district14 attorneys can help protect victims against harassment and intimidation;15 (d) the addresses and phone numbers of local victim service programs,16 where appropriate, or space for inserting that information; or (e) any17 other information the [board] office deems appropriate. Such cards shall______18 be designed by the [board] office in consultation with local police, and______19 shall be printed and distributed by the [board] division. The [crime________20 victims board] division shall develop a system for distributing a suffi-________21 cient supply of the information cards referred to in this subdivision,22 to all the appropriate designated locations, which shall include a sche-23 dule for meeting that requirement.24 § 101. Section 625-b of the executive law, as added by chapter 173 of25 the laws of 2006, is amended to read as follows:26 § 625-b. Standardized victim notification and verification procedures27 for police officers. 1. The commissioner of the division of criminal28 justice services in cooperation with the [crime victims board] office______29 shall develop and implement a standardized procedure to be used by30 police officers, county sheriffs' departments and state police officers31 whereby victims of crime are notified about the rights of crime victims32 and the existence of programs designed to assist crime victims.33 2. In establishing a victims assistance notification procedure,34 consideration shall be given to (a) developing a uniform method of35 informing victims of crime of their rights and services available, (b)36 including notification as part of a routine task performed in the course37 of law enforcement duties, and (c) documenting a victim's receipt of38 such notice.39 3. All state or municipal printed forms for a police primary investi-40 gation report shall include a space to indicate that the victim did or41 did not receive information on victim's rights, [crime victims board]42 office of victims services assistance and relevant local assistance_____________________________43 pursuant to subdivision one of section six hundred twenty-five-a of this44 article.45 § 101-a. Subdivisions 1 and 2 of section 626 of the executive law,46 subdivision 1 as amended by chapter 408 of the laws of 2005 and subdivi-47 sion 2 as amended by chapter 276 of the laws of 1998, are amended to48 read as follows:49 1. Out-of-pocket loss shall mean unreimbursed and unreimbursable50 expenses or indebtedness reasonably incurred for medical care or other51 services necessary as a result of the injury upon which such claim is52 based, including such expenses incurred as a result of the exacerbation53 of a pre-existing disability or condition directly resulting from the54 crime or causally related to the crime. Such expenses or indebtedness55 shall include the cost of counseling for the eligible spouse, grandpar-56 ents, parents, stepparents, guardians, brothers, sisters, stepbrothers,

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1 stepsisters, children or stepchildren of a homicide victim, and crime2 victims who have sustained a personal physical injury as the direct3 result of a crime and the spouse, children or stepchildren of such phys-4 ically injured victim. For the purposes of this subdivision, the victim5 of a sex offense as defined in article one hundred thirty of the penal6 law is presumed to have suffered physical injury. Such counseling may be7 provided by local victim service programs, where available. It shall8 also include the cost of residing at or utilizing services provided by9 shelters for battered spouses and children who are eligible pursuant to10 subdivision two of section six hundred twenty-four of this article, and11 the cost of reasonable attorneys' fees for representation before the12 [board] office and/or before the appellate division upon judicial review______13 not to exceed one thousand dollars.14 2. Out-of-pocket loss shall also include the cost of counseling for a15 child victim and the parent, stepparent, grandparent, guardian, brother,16 sister, stepbrother or stepsister of such victim, pursuant to regu-17 lations [of the board] promulgated to carry out the provisions and_________________________________________________18 purposes of this article.________________________19 § 101-b. Section 627 of the executive law is REPEALED and a new20 section 627 is added to read as follows:21 § 627. Determination of claims. 1. The office shall determine claims______________________________________________________________________22 in accordance with rules and regulations recommended by the director and________________________________________________________________________23 promulgated by the commissioner.________________________________24 2. The claimant may, within thirty days after receipt of the decision______________________________________________________________________25 of the office regarding a claim, make an application in writing to the________________________________________________________________________26 office for consideration of such decision by the crime victims compen-________________________________________________________________________27 sation appeals board. The board shall consider such applications in________________________________________________________________________28 accordance with rules and regulations recommended by the director and________________________________________________________________________29 promulgated by the commissioner and may affirm or modify the decision of________________________________________________________________________30 the office. The decision of the board shall become the final determi-________________________________________________________________________31 nation of the office regarding the claim._________________________________________32 § 101-c. Section 628 of the executive law is REPEALED and a new33 section 628 is added to read as follows:34 § 628. Crime victims compensation appeals board. 1. There is hereby______________________________________________________________________35 created in the division of criminal justice services a board, to be________________________________________________________________________36 known as the crime victims compensation appeals board. Such board shall________________________________________________________________________37 consist of the director and two members appointed by the governor. One________________________________________________________________________38 of the members appointed by the governor shall have been a victim of________________________________________________________________________39 crime or the parent or spouse of a deceased victim of crime. The direc-________________________________________________________________________40 tor shall serve as chair of the board ex officio._________________________________________________41 2. The term of office of the members appointed by the governor shall______________________________________________________________________42 be three years. Any member appointed to fill a vacancy occurring other-________________________________________________________________________43 wise than by expiration of a term shall be appointed for the remainder________________________________________________________________________44 of the unexpired term.______________________45 3. The members of the board appointed by the governor shall receive no______________________________________________________________________46 compensation for their services but shall be allowed their actual and________________________________________________________________________47 necessary expenses incurred in the performance of their functions. The________________________________________________________________________48 director shall receive no additional compensation for service as chair________________________________________________________________________49 of the board._____________50 4. The board shall meet as frequently as it deems necessary but in no______________________________________________________________________51 event less than monthly.________________________52 § 101-d. Section 629 of the executive law, as added by chapter 894 of53 the laws of 1966, subdivision 1 as amended by chapter 688 of the laws of54 1985, is amended to read as follows:55 § 629. Judicial review. 1. [Within fifteen days after receipt of the56 copy of the report containing the final decision of the board, the comp-

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1 troller shall, if in his judgment the award is illegal or excessive,2 notify the board of his conclusion, state the reasons for that conclu-3 sion, and provide specific recommendations for modification. Upon4 receiving such notification, the board shall have fifteen days within5 which to review and either modify or re-affirm its award. If after such6 modification or reaffirmation the comptroller continues to adjudge the7 award to be illegal or excessive, he may within fifteen days after8 receipt of such modification or reaffirmation, commence a proceeding in9 the appellate division of the supreme court, third department, to review10 the decision of the board. Such proceeding shall be heard in a summary11 manner and shall have precedence over all other civil cases in such12 court.] Any claimant aggrieved by a final decision of the [board] office______13 may commence a proceeding to review that decision pursuant to article14 seventy-eight of the civil practice law and rules.15 2. Any such proceeding shall be commenced [by the service of notice16 thereof upon the claimant and the board in person or by mail] in accord-__________17 ance with the civil practice law and rules.__________________________________________18 § 101-e. Section 630 of the executive law, as amended by chapter 34619 of the laws of 1986, and subdivision 1 as amended by chapter 318 of the20 laws of 2007, is amended to read as follows:21 § 630. Emergency awards. 1. Notwithstanding the provisions of section22 six hundred twenty-seven of this article, if it appears to the [board23 member to whom a claim is assigned] office, that such claim is one with______24 respect to which an award probably will be made, and undue hardship will25 result to the claimant if immediate payment is not made, [such board26 member] the office may make one or more emergency awards to the claimant__________27 pending a final decision of the [board] office or payment of an award in______28 the case, provided, however, that the total amount of such emergency29 awards shall not exceed twenty-five hundred dollars. The amount of such30 emergency awards shall be deducted from any final award made to the31 claimant, and the excess of the amount of any such emergency award over32 the amount of the final award, or the full amount of any emergency33 awards if no final award is made, shall be repaid by the claimant to the34 board.35 2. Notwithstanding the provisions of section six hundred twenty-seven36 of this article, local crime victim service programs shall be authorized37 to provide emergency awards to crime victims for essential personal38 property, medical treatment, shelter costs, security services, coun-39 seling and transportation the total amount of such emergency awards not40 to exceed five hundred dollars. These programs shall be reimbursed by41 the board, pursuant to the provisions of this article, if it is subse-42 quently determined that the victim is an eligible claimant. Local crime43 victim service programs shall be authorized to establish special44 accounts for this purpose. The [board] office shall initiate a program______45 to assist local crime victim service programs in establishing special46 accounts to provide emergency awards, within amounts designated for that47 purpose.48 § 101-f. Subdivisions 1, 1-a, 3, 5, 6, 13, 14, 15 and 16 of section49 631 of the executive law, subdivision 1 as amended by chapter 74 of the50 laws of 2007, subdivision 1-a as added by chapter 620 of the laws of51 1997, subdivision 3 as amended by chapter 148 of the laws of 2000,52 subdivision 5 as amended by chapter 351 of the laws of 1982, paragraph53 (c) of subdivision 5 as amended by chapter 74 of the laws of 1986, para-54 graph (d) as amended by chapter 309 of the laws of 1996, paragraph (e)55 of subdivision 5 as amended by chapter 763 of the laws of 1990, subdivi-56 sion 6 as amended by chapter 810 of the laws of 1983, the opening para-

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1 graph of paragraph (a) of subdivision 6 as amended by chapter 400 of the2 laws of 1991, subparagraph 1 of paragraph (b) of subdivision 6 as3 amended by chapter 322 of the laws of 2005, subparagraph 7 of paragraph4 (b) of subdivision 6 as amended by chapter 309 of the laws of 1987,5 subdivision 13 as amended by section 1 of part E of chapter 56 of the6 laws of 2009, subdivisions 14, 15, and 16 as added by chapter 21 of the7 laws of 2007, are amended to read as follows:8 1. No award shall be made unless the [board or board member] office,______9 as the case may be, finds that (a) a crime was committed, (b) such crime10 directly resulted in personal physical injury to or the exacerbation of11 a preexisting disability, or condition, or death of, the victim, and (c)12 criminal justice agency records show that such crime was promptly13 reported to the proper authorities; and in no case may an award be made14 where the criminal justice agency records show that such report was made15 more than one week after the occurrence of such crime unless the [board]16 office, for good cause shown, finds the delay to have been justified;______17 provided, however, in cases involving an alleged sex offense as18 contained in article one hundred thirty of the penal law or incest as19 defined in section 255.25, 255.26 or 255.27 of the penal law or labor20 trafficking as defined in section 135.35 of the penal law or sex traf-21 ficking as defined in section 230.34 of the penal law or an offense22 chargeable as a family offense as described in section eight hundred23 twelve of the family court act or section 530.11 of the criminal proce-24 dure law, the criminal justice agency report need only be made within a25 reasonable time considering all the circumstances, including the26 victim's physical, emotional and mental condition and family situation.27 For the purposes of this subdivision, "criminal justice agency" shall28 include, but not be limited to, a police department, a district attor-29 ney's office, and any other governmental agency having responsibility30 for the enforcement of the criminal laws of the state provided, however,31 that in cases involving such sex offense a criminal justice agency shall32 also mean a family court, a governmental agency responsible for child33 and/or adult protective services pursuant to title six of article six of34 the social services law and/or title one of article nine-B of the social35 services law, and any medical facility established under the laws of the36 state that provides a forensic physical examination for victims of rape37 and sexual assault.38 1-a. No award shall be made for a frivolous lawsuit unless the [board39 or board member, as the case may be,] office finds that the victim has______40 been awarded costs pursuant to section eighty-three hundred three-a of41 the civil practice law and rules and the individual responsible for the42 payment of costs is unable to pay such costs provided, however, that in43 no event shall the amount of such costs exceed two thousand five hundred44 dollars.45 3. Any award made for loss of earnings or support shall, unless46 reduced pursuant to other provisions of this article, be in an amount47 equal to the actual loss sustained, provided, however, that no such48 award shall exceed six hundred dollars for each week of lost earnings or49 support. Awards with respect to livery operator victims pursuant to50 paragraph (b) of subdivision six of former section six hundred twenty-______51 seven of this article shall be granted in the amount and in the manner52 provided therein. The aggregate award for all such losses pursuant to53 this subdivision, including any awards made pursuant to paragraph (b) of54 subdivision six of former section six hundred twenty-seven of this arti-______55 cle, shall not exceed thirty thousand dollars. If there are two or more56 persons entitled to an award as a result of the death of a person which

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1 is the direct result of a crime, the award shall be apportioned by the2 [board] office among the claimants.______3 5. (a) In determining the amount of an award, the [board or board4 member, as the case may be,] office shall determine whether, because of______5 his conduct, the victim of such crime contributed to the infliction of6 his injury, and the [board or board member] office shall reduce the______7 amount of the award or reject the claim altogether, in accordance with8 such determination.9 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-10 sion, the [board or board member, as the case may be,] office shall______11 disregard for this purpose the responsibility of the victim for his own12 injury where the record shows that the person injured was acting as a13 good samaritan, as defined in this article.14 (c) Notwithstanding any inconsistent provision of this article, where15 the person injured acted as a good samaritan, the [board or board16 member, as the case may be,] office may, without regard to the financial______17 difficulty of the claimant, make an award for out-of-pocket losses. Such18 award may also include compensation for any loss of property up to five19 thousand dollars suffered by the victim during the course of his actions20 as a good samaritan.21 (d) Notwithstanding any inconsistent provision of this article, where22 a person acted as a good samaritan, and was killed as a direct result of23 the crime, the [board or the board member, as the case may be,] office______24 may, without regard to the financial difficulty of the claimant, make a25 lump sum award to such claimant for actual loss of support not to exceed26 thirty thousand dollars.27 (e) Notwithstanding any inconsistent provision of this article, where28 a police officer or firefighter, both paid and volunteer, dies from29 injuries received in the line of duty as a direct result of a crime, the30 [board or the board member, as the case may be,] office may, without______31 regard to the financial difficulty of the claimant, make an award for32 the unreimbursed counseling expenses of the eligible spouse, parents,33 brothers, sisters or children of such victim, and/or the reasonable34 burial expenses incurred by the claimant.35 6. (a) Claims may be approved only if the [board or board member, as36 the case may be,] office finds that unless the claimant's award is______37 approved he will suffer financial difficulty. However, no finding of38 financial difficulty is required for a claim for an emergency award or39 an award less than five thousand dollars. In determining financial40 difficulty, the [board or board member] office shall consider all rele-______41 vant factors, including but not limited to:42 (1) the number of claimant's dependents;43 (2) reasonable living expenses of the claimant and his family;44 (3) any special health, rehabilitative or educational needs of the45 claimant and his dependents;46 (4) the claimant's employment situation including income and potential47 earning capacity;48 (5) the claimant's net financial resources after authorized deduction49 as provided in paragraphs (b) and (c) of this subdivision;50 (6) whether claimant's financial resources will become exhausted51 during his lifetime; and52 (7) the nature and the amount of claimant's total debt and liabil-53 ities, including the amount of debt incurred or to be incurred to pay54 for losses and expenses of the crime, and the extent to which claimant's55 essential assets will have to be liquidated.

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1 (b) Claimant's net financial resources do not include the present2 value of future earnings, and shall be determined by the [board] office______3 by deducting from his total financial resources the value, within4 reasonable limits, of the following items:5 (1) a homestead, not exceeding five hundred thousand dollars, or a6 total of ten years' rent for a renter;7 (2) personal property consisting of clothing and strictly personal8 effects;9 (3) household furniture, appliances and equipment;10 (4) tools and equipment necessary for the claimant's trade, occupation11 or business;12 (5) a family automobile;13 (6) life insurance, except in death claims; and14 (7) retirement, education and health plans or contributions to a15 retirement or pension program including but not limited to contributions16 to: (i) employee profit sharing plans, (ii) employee money purchase17 plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)18 individual retirement accounts (IRA), (vi) 403 (b) plans, (vii) 45719 plans, (viii) Keogh plans, (self employed), and (ix) any other plan or20 account for which contributions are made primarily for retirement21 purposes.22 (c) The [board or board member] office, after taking into consider-______23 ation the claimant's financial resources, may exempt that portion of the24 victim's or claimant's annual income required to meet reasonable living25 expenses and the value of inventory or other property necessary for the26 claimant's business or occupation or the production of income required27 to meet reasonable living expenses. In no event shall the aggregate28 value of exemptions under this paragraph exceed one hundred thousand29 dollars.30 (d) Nothing contained in this subdivision shall be construed to mean31 that the [board] office must maintain the same standard of living______32 enjoyed by the claimant prior to the death or injury.33 (e) The [board] office shall [establish] recommend to the commissioner______ _____________________________34 such rules and regulations as are necessary for the implementation of35 this section.36 13. Notwithstanding any other provision of law, rule, or regulation to37 the contrary, when any New York state accredited hospital, accredited38 sexual assault examiner program, or licensed health care provider39 furnishes services to any sexual assault survivor, including but not40 limited to a health care forensic examination in accordance with the sex41 offense evidence collection protocol and standards established by the42 department of health, such hospital, sexual assault examiner program, or43 licensed healthcare provider shall provide such services to the person44 without charge and shall bill the [board] office directly. The [board]______45 office, in consultation with the department of health, shall define the______46 specific services to be covered by the sexual assault forensic exam47 reimbursement fee, which must include at a minimum forensic examiner48 services, hospital or healthcare facility services related to the exam,49 and related laboratory tests and pharmaceuticals. Follow-up HIV post-ex-50 posure prophylaxis costs shall continue to be reimbursed according to51 established [board] office procedure. The [board] office, in consulta-______ ______52 tion with the department of health, shall also generate the necessary53 regulations and forms for the direct reimbursement procedure. The rate54 for reimbursement shall be the amount of itemized charges not exceeding55 eight hundred dollars, to be reviewed and adjusted annually by the56 [board] office in consultation with the department of health. The hospi-______

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1 tal, sexual assault examiner program, or licensed health care provider2 must accept this fee as payment in full for these specified services. No3 additional billing of the survivor for said services is permissible. A4 sexual assault survivor may voluntarily assign any private insurance5 benefits to which she or he is entitled for the healthcare forensic6 examination, in which case the hospital or healthcare provider may not7 charge the [board] office. A hospital, sexual assault examiner program______8 or licensed health care provider shall, at the time of the initial9 visit, request assignment of any private health insurance benefits to10 which the sexual assault survivor is entitled on a form prescribed by11 the [board] office; provided, however, such sexual assault survivor______12 shall be advised orally and in writing that he or she may decline to13 provide such information regarding private health insurance benefits if14 he or she believes that the provision of such information would substan-15 tially interfere with his or her personal privacy or safety and in such16 event, the sexual assault forensic exam fee shall be paid by the [board]17 office. Such sexual assault survivor shall also be advised that provid-______18 ing such information may provide additional resources to pay for19 services to other sexual assault victims. If he or she declines to20 provide such health insurance information, he or she shall indicate such21 decision on the form provided by the hospital, sexual assault examiner22 program or licensed health care provider, which form shall be prescribed23 by the [board] office.______24 14. Notwithstanding any inconsistent provision of this article, where25 a victim dies from injuries received as a direct result of the World26 Trade Center terrorist attacks on September eleventh, two thousand one,27 the [board or the board member, as the case may be,] office may make an______28 award for the unreimbursed and unreimbursable expense or indebtedness29 reasonably incurred for the cost of counseling for the eligible spouse,30 grandparents, parents, stepparents, guardians, brothers, sisters, step-31 brothers, stepsisters, children, or stepchildren of such victim. Any32 award for such expense incurred on or before December thirty-first, two33 thousand seven, shall be made without regard to the financial difficulty34 of the claimant.35 15. Notwithstanding any inconsistent provision of this article, where36 a victim is injured as a direct result of the World Trade Center terror-37 ist attacks on September eleventh, two thousand one, the [board or the38 board member, as the case may be,] office may make an award for the______39 unreimbursed and unreimbursable expense or indebtedness reasonably40 incurred by the claimant for medical care or counseling services neces-41 sary as a result of such injury. Any award for such expense or indebt-42 edness incurred on or before December thirty-first, two thousand seven,43 shall be made without regard to the financial difficulty of the claim-44 ant.45 16. Notwithstanding any inconsistent provision of this article, and46 without regard to the financial difficulty of the claimant, where a47 victim dies from injuries received as a direct result of the World Trade48 Center terrorist attacks on September eleventh, two thousand one, the49 [board or the board member, as the case may be,] office may make an______50 award of reasonable burial expenses for such victim.51 § 101-g. Subdivision 2 of section 632 of the executive law, as amended52 by chapter 115 of the laws of 1981, is amended to read as follows:53 2. Where a person entitled to receive an award is a person under the54 age of eighteen years, an incompetent, or a conservatee, the award may55 be paid to a relative, guardian, committee, conservator, or attorney of56 such person on behalf of and for the benefit of such person. In such

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1 case the payee shall be required to file a periodic accounting of the2 award with the [board] office and to take such other action as the______3 [board] office shall determine is necessary and appropriate for the______4 benefit of the person under the age of eighteen years, incompetent or5 conservatee.6 § 101-h. Section 632-a of the executive law, as amended by chapter 627 of the laws of 2001, is amended to read as follows:8 § 632-a. Crime victims. 1. For the purposes of this section:9 (a) "Crime" means (i) any felony defined in the laws of the state; or10 (ii) an offense in any jurisdiction which includes all of the essential11 elements of any felony defined in the laws of this state and: (A) the12 crime victim, as defined in subparagraph (i) of paragraph (d) of this13 subdivision, was a resident of this state at the time of the commission14 of the offense; or (B) the act or acts constituting the offense occurred15 in whole or in part in this state.16 (b) "Profits from a crime" means (i) any property obtained through or17 income generated from the commission of a crime of which the defendant18 was convicted; (ii) any property obtained by or income generated from19 the sale, conversion or exchange of proceeds of a crime, including any20 gain realized by such sale, conversion or exchange; and (iii) any prop-21 erty which the defendant obtained or income generated as a result of22 having committed the crime, including any assets obtained through the23 use of unique knowledge obtained during the commission of, or in prepa-24 ration for the commission of, a crime, as well as any property obtained25 by or income generated from the sale, conversion or exchange of such26 property and any gain realized by such sale, conversion or exchange.27 (c) "Funds of a convicted person" means all funds and property28 received from any source by a person convicted of a specified crime, or29 by the representative of such person as defined in subdivision six of30 section six hundred twenty-one of this article excluding child support31 and earned income, where such person:32 (i) is an inmate serving a sentence with the department of correction-33 al services or a prisoner confined at a local correctional facility or34 federal correctional institute, and includes funds that a superinten-35 dent, sheriff or municipal official receives on behalf of an inmate or36 prisoner and deposits in an inmate account to the credit of the inmate37 pursuant to section one hundred sixteen of the correction law or depos-38 its in a prisoner account to the credit of the prisoner pursuant to39 section five hundred-c of the correction law; or40 (ii) is not an inmate or prisoner but who is serving a sentence of41 probation or conditional discharge or is presently subject to an undisc-42 harged indeterminate, determinate or definite term of imprisonment or43 period of post-release supervision or term of supervised release, but44 shall include earned income earned during a period in which such person45 was not in compliance with the conditions of his or her probation,46 parole, conditional release, period of post-release supervision by the47 division of parole or term of supervised release with the United States48 probation office or United States parole commission. For purposes of49 this subparagraph, such period of non-compliance shall be measured, as50 applicable, from the earliest date of delinquency determined by the51 [board] office or division of parole, or from the earliest date on which______52 a declaration of delinquency is filed pursuant to section 410.30 of the53 criminal procedure law and thereafter sustained, or from the earliest54 date of delinquency determined in accordance with applicable federal55 law, rules or regulations, and shall continue until a final determi-56 nation sustaining the violation has been made by the trial court,

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1 [board] office or division of parole, or appropriate federal authority;______2 or3 (iii) is no longer subject to a sentence of probation or conditional4 discharge or indeterminate, determinate or definite term of imprisonment5 or period of post-release supervision or term of supervised release, and6 where within the previous three years: the full or maximum term or peri-7 od terminated or expired or such person was granted a discharge by a8 board of parole pursuant to applicable law, or granted a discharge or9 termination from probation pursuant to applicable law or granted a10 discharge or termination under applicable federal or state law, rules or11 regulations prior to the expiration of such full or maximum term or12 period; and includes only: (A) those funds paid to such person as a13 result of any interest, right, right of action, asset, share, claim,14 recovery or benefit of any kind that the person obtained, or that15 accrued in favor of such person, prior to the expiration of such16 sentence, term or period; (B) any recovery or award collected in a17 lawsuit after expiration of such sentence where the right or cause of18 action accrued prior to the expiration or service of such sentence; and19 (C) earned income earned during a period in which such person was not in20 compliance with the conditions of his or her probation, parole, condi-21 tional release, period of post-release supervision by the division of22 parole or term of supervised release with the United States probation23 office or United States parole commission. For purposes of this subpara-24 graph, such period of non-compliance shall be measured, as applicable,25 from the earliest date of delinquency determined by the [board] office______26 or division of parole, or from the earliest date on which a declaration27 of delinquency is filed pursuant to section 410.30 of the criminal28 procedure law and thereafter sustained, or from the earliest date of29 delinquency determined in accordance with applicable federal law, rules30 or regulations, and shall continue until a final determination sustain-31 ing the violation has been made by the trial court, [board] office or______32 division of parole, or appropriate federal authority.33 (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-34 tative of a crime victim as defined in subdivision six of section six35 hundred twenty-one of this article; (iii) a good samaritan as defined in36 subdivision seven of section six hundred twenty-one of this article;37 (iv) the [crime victims board] office of victim services or other____________________________38 governmental agency that has received an application for or provided39 financial assistance or compensation to the victim.40 (e) (i) "Specified crime" means:41 (A) a violent felony offense as defined in subdivision one of section42 70.02 of the penal law;43 (B) a class B felony offense defined in the penal law;44 (C) an offense for which a merit time allowance may not be received45 against the sentence pursuant to paragraph (d) of subdivision one of46 section eight hundred three of the correction law;47 (D) an offense defined in the penal law that is titled in such law as48 a felony in the first degree;49 (E) grand larceny in the fourth degree as defined in subdivision six50 of section 155.30 or grand larceny in the second degree as defined in51 section 155.40 of the penal law;52 (F) criminal possession of stolen property in the second degree as53 defined in section 165.52 of the penal law; or54 (G) an offense in any jurisdiction which includes all of the essential55 elements of any of the crimes specified in clauses (A) through (F) of56 this subparagraph and either the crime victim as defined in subparagraph

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1 (i) of paragraph (d) of this subdivision was a resident of this state at2 the time of the commission of the offense or the act or acts constitut-3 ing the crime occurred in whole or in part in this state.4 (ii) Notwithstanding the provisions of subparagraph (i) of this para-5 graph a "specified crime" shall not mean or include an offense defined6 in any of the following articles of the penal law: articles one hundred7 fifty-eight, one hundred seventy-eight, two hundred twenty, two hundred8 twenty-one, two hundred twenty-five, and two hundred thirty.9 (f) "Earned income" means income derived from one's own labor or10 through active participation in a business as distinguished from income11 from, for example, dividends or investments.12 2. (a) Every person, firm, corporation, partnership, association or13 other legal entity, or representative of such person, firm, corporation,14 partnership, association or entity, which knowingly contracts for, pays,15 or agrees to pay: (i) any profits from a crime as defined in paragraph16 (b) of subdivision one of this section, to a person charged with or17 convicted of that crime, or to the representative of such person as18 defined in subdivision six of section six hundred twenty-one of this19 article; or (ii) any funds of a convicted person, as defined in para-20 graph (c) of subdivision one of this section, where such conviction is21 for a specified crime and the value, combined value or aggregate value22 of the payment or payments of such funds exceeds or will exceed ten23 thousand dollars, shall give written notice to the [crime victims board]24 office of the payment or obligation to pay as soon as practicable after______25 discovering that the payment or intended payment constitutes profits26 from a crime or funds of a convicted person.27 (b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-28 vision, whenever the payment or obligation to pay involves funds of a29 convicted person that a superintendent, sheriff or municipal official30 receives or will receive on behalf [on] of an inmate serving a sentence__31 with the department of correctional services or prisoner confined at a32 local correctional facility and deposits or will deposit in an inmate33 account to the credit of the inmate or in a prisoner account to the34 credit of the prisoner, and the value, combined value or aggregate value35 of such funds exceeds or will exceed ten thousand dollars, the super-36 intendent, sheriff or municipal official shall also give written notice37 to the [crime victims board] office.______38 Further, whenever the state or subdivision of the state makes payment39 or has an obligation to pay funds of a convicted person, as defined in40 subparagraph (ii) or (iii) of paragraph (c) of subdivision one of this41 section, and the value, combined value or aggregate value of such funds42 exceeds or will exceed ten thousand dollars, the state or subdivision of43 the state shall also give written notice to the [crime victims board]44 office.______45 In all other instances where the payment or obligation to pay involves46 funds of a convicted person, as defined in subparagraph (ii) or (iii) of47 paragraph (c) of subdivision one of this section, and the value,48 combined value or aggregate value of such funds exceeds or will exceed49 ten thousand dollars, the convicted person who receives or will receive50 such funds, or the representative of such person as defined in subdivi-51 sion six of section six hundred twenty-one of this article, shall give52 written notice to the [crime victims board] office.______53 (c) The [board] office, upon receipt of notice of a contract, an______54 agreement to pay or payment of profits from a crime or funds of a55 convicted person pursuant to paragraph (a) or (b) of this subdivision,56 or upon receipt of notice of funds of a convicted person from the super-

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1 intendent, sheriff or municipal official of the facility where the2 inmate or prisoner is confined pursuant to section one hundred sixteen3 or five hundred-c of the correction law, shall notify all known crime4 victims of the existence of such profits or funds at their last known5 address.6 3. Notwithstanding any inconsistent provision of the estates, powers7 and trusts law or the civil practice law and rules with respect to the8 timely bringing of an action, any crime victim shall have the right to9 bring a civil action in a court of competent jurisdiction to recover10 money damages from a person convicted of a crime of which the crime11 victim is a victim, or the representative of that convicted person,12 within three years of the discovery of any profits from a crime or funds13 of a convicted person, as those terms are defined in this section.14 Notwithstanding any other provision of law to the contrary, a judgment15 obtained pursuant to this section shall not be subject to execution or16 enforcement against the first one thousand dollars deposited in an17 inmate account to the credit of the inmate pursuant to section one18 hundred sixteen of the correction law or in a prisoner account to the19 credit of the prisoner pursuant to section five hundred-c of the20 correction law. In addition, where the civil action involves funds of a21 convicted person and such funds were recovered by the convicted person22 pursuant to a judgment obtained in a civil action, a judgment obtained23 pursuant to this section may not be subject to execution or enforcement24 against a portion thereof in accordance with subdivision (k) of section25 fifty-two hundred five of the civil practice law and rules. If an action26 is filed pursuant to this subdivision after the expiration of all other27 applicable statutes of limitation, any other crime victims must file any28 action for damages as a result of the crime within three years of the29 actual discovery of such profits or funds, or within three years of30 actual notice received from or notice published by the [crime victims31 board] office of such discovery, whichever is later.______32 4. Upon filing an action pursuant to subdivision three of this33 section, the crime victim shall give notice to the [crime victims board]34 office of the filing by delivering a copy of the summons and complaint______35 to the [board] office. The crime victim may also give such notice to______36 the [board] office prior to filing the action so as to allow the [board]______37 office to apply for any appropriate provisional remedies which are______38 otherwise authorized to be invoked prior to the commencement of an39 action.40 5. Upon receipt of a copy of a summons and complaint, or upon receipt41 of notice from the crime victim prior to filing the action as provided42 in subdivision four of this section, the [board] office shall immediate-______43 ly take such actions as are necessary to:44 (a) notify all other known crime victims of the alleged existence of45 profits from a crime or funds of a convicted person by certified mail,46 return receipt requested, where the victims' names and addresses are47 known by the [board] office;______48 (b) publish, at least once every six months for three years from the49 date it is initially notified by a victim, pursuant to subdivision four50 of this section, a legal notice in newspapers of general circulation in51 the county wherein the crime was committed and in counties contiguous to52 such county advising any crime victims of the existence of profits from53 a crime or funds of a convicted person. For crimes committed in a county54 located within a city having a population of one million or more, the55 notice shall be published in newspapers having general circulation in

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1 such city. The [board] office may, in its discretion, provide for such______2 additional notice as it deems necessary;3 (c) avoid the wasting of the assets identified in the complaint as the4 newly discovered profits from a crime or as funds of a convicted person,5 in any manner consistent with subdivision six of this section.6 6. The [board] office, acting on behalf of the plaintiff and all other______7 victims, shall have the right to apply for any and all provisional reme-8 dies that are also otherwise available to the plaintiff.9 (a) The provisional remedies of attachment, injunction, receivership10 and notice of pendency available to the plaintiff under the civil prac-11 tice law and rules, shall also be available to the [board] office in all______12 actions under this section.13 (b) On a motion for a provisional remedy, the moving party shall state14 whether any other provisional remedy has previously been sought in the15 same action against the same defendant. The court may require the moving16 party to elect between those remedies to which it would otherwise be17 entitled.18 7. (a) (i) Whenever it appears that a person or entity has knowingly19 and willfully failed to give notice in violation of paragraph (a) or (b)20 of subdivision two of this section, other than the state, a subdivision21 of the state, or a person who is a superintendent, sheriff or municipal22 official required to give notice pursuant to this section or section one23 hundred sixteen or section five hundred-c of the correction law, the24 [board] office shall be authorized to serve a notice of hearing upon the______25 person or entity by personal service or by registered or certified mail.26 The notice shall contain the time, place and purpose of the hearing. In27 addition, the notice shall be accompanied by a petition alleging facts28 of an evidentiary character that support or tend to support that the29 person or entity, who shall be named therein as a respondent, knowingly30 and willfully failed to give notice in violation of paragraph (a) or (b)31 of subdivision two of this section. Service of the notice and petition32 shall take place at least fifteen days prior to the date of the hearing.33 (ii) The [chairperson of the board,] commissioner or any [board____________34 member] individual designated by the [chairperson] commissioner, shall__________ ____________35 preside over the hearing[. The presiding member], shall administer oaths_36 [and], may issue subpoenas[. The presiding member] and shall not be_ ___37 bound by the rules of evidence or civil procedure, but his or her deter-38 mination shall be based on a preponderance of the evidence. At the hear-39 ing, the burden of proof shall be on the [board] office[, which shall be______40 represented by the counsel to the board or another person designated by41 the board]. The [board] office shall produce witnesses and present______42 evidence in support of the alleged violation, which may include relevant43 hearsay evidence. The respondent, who may appear personally at the hear-44 ing, shall have the right of counsel and may cross-examine witnesses and45 produce evidence and witnesses in his or her behalf, which may include46 relevant hearsay evidence. The issue of whether the person who received47 an alleged payment or obligation to pay committed the underlying crime48 shall not be re-litigated at the hearing. Where the alleged violation is49 the failure to give notice of a payment amount involving two or more50 payments the combined value or aggregate value of which exceeds ten51 thousand dollars, no violation shall be found unless it is shown that52 such payments were intentionally structured to conceal their character53 as funds of a convicted person, as defined in this section.54 (iii) At the conclusion of the hearing, if the [presiding member]55 office or designated individual is not satisfied that there is a prepon-_______________________________56 derance of evidence in support of a violation, [the member] office or_________

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1 designated individual shall dismiss the petition. If the [presiding_____________________2 member] office or designated individual is satisfied that there is a__________________________________3 preponderance of the evidence that the respondent committed one or more4 violations, the [member] office or designated individual shall so find._______________________________5 Upon such a finding, the [presiding member] office or designated indi-____________________________6 vidual shall prepare a written statement, to be made available to the______7 respondent and respondent's counsel, indicating the evidence relied on8 and the reasons for finding the violation.9 (iv) The [board] commissioner, in consultation with the director,__________________________________________________10 shall adopt, promulgate, amend and repeal administrative rules and regu-11 lations governing the procedures to be followed with respect to hear-12 ings, including rules and regulations for the administrative appeal of a13 decision made pursuant to this paragraph, provided such rules and regu-14 lations are consistent with the provisions of this subdivision.15 (b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-16 sion that a respondent knowingly and willfully failed to give notice in17 violation of paragraph (a) or (b) of subdivision two of this section,18 the [board] office shall impose an assessment of up to the amount of the______19 payment or obligation to pay and a civil penalty of up to one thousand20 dollars or ten percent of the payment or obligation to pay, whichever is21 greater. If a respondent fails to pay the assessment and civil penalty22 imposed pursuant to this paragraph, the assessment and civil penalty may23 be recovered from the respondent by an action brought by the attorney24 general, upon the request of the [board] office, in any court of compe-______25 tent jurisdiction. The [board] office shall deposit the assessment in an______26 escrow account pending the expiration of the three year statute of limi-27 tations authorized by subdivision three of this section to preserve such28 funds to satisfy a civil judgment in favor of a person who is a victim29 of a crime committed by the convicted person to whom such failure to30 give notice relates. The [board] office shall pay the civil penalty to______31 the state comptroller who shall deposit the money in the state treasury32 pursuant to section one hundred twenty-one of the state finance law to33 the credit of the criminal justice improvement account established by34 section ninety-seven-bb of the state finance law.35 (ii) The [board] office shall then notify any crime victim or crime______36 victims, who may have a claim against the convicted person, of the37 existence of such moneys. Such notice shall instruct such person or38 persons that they may have a right to commence a civil action against39 the convicted person, as well as any other information deemed necessary40 by the [board] office.______41 (iii) Upon a crime victim's presentation to the [board] office of a______42 civil judgment for damages incurred as a result of the crime, the43 [board] office shall satisfy up to one hundred percent of that judgment,______44 including costs and disbursements as taxed by the clerk of the court,45 with the escrowed fund obtained pursuant to this paragraph, but in no46 event shall the amount of all judgments, costs and disbursements satis-47 fied from such escrowed funds exceed the amount in escrow. If more than48 one such crime victim indicates to the [board] office that they intend______49 to commence or have commenced a civil action against the convicted50 person, the [board] office shall delay satisfying any judgment, costs______51 and disbursements until the claims of all such crime victims are reduced52 to judgment. If the aggregate of all judgments, costs and disbursement53 obtained exceeds the amount of escrowed funds, the amount used to54 partially satisfy each judgment shall be reduced to a pro rata share.55 (iv) After expiration of the three year statute of limitations period56 established in subdivision three of this section, the [board] office______

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1 shall review all judgments that have been satisfied from such escrowed2 funds. In the event no claim was filed or judgment obtained prior to the3 expiration of the three year statute of limitations, the [board] office______4 shall return the escrowed amount to the respondent. In the event a claim5 or claims are pending at the expiration of the statute of limitations,6 such funds shall remain escrowed until the final determination of all7 such claims to allow the [board] office to satisfy any judgment which______8 may be obtained by the crime victim. Upon the final determination of all9 such claims and the satisfaction of up to one hundred percent of such10 claims by the [board] office, the [board] office shall be authorized to______ ______11 impose an additional civil penalty of up to one thousand dollars or ten12 percent of the payment or obligation to pay, whichever is greater. Prior13 to imposing any such penalty, the [board] office shall serve a notice______14 upon the respondent by personal service or by registered or certified15 mail of the intent of the [board] office to impose such penalty thirty______16 days after the date of the notice and of the opportunity to submit17 documentation concerning the [board's] office's determination. After________18 imposing and deducting any such additional civil penalty, the [board]19 office shall distribute such remaining escrowed funds, if any, as______20 follows: fifty percent to the state comptroller, who shall deposit the21 money in the state treasury pursuant to section one hundred twenty-one__22 of the state finance law to the credit of the criminal justice improve-23 ment account established by section ninety-seven-bb of the state finance24 law; and fifty percent to the respondent.25 (v) Notwithstanding any provision of law, an alleged failure by a26 convicted person to give notice under this section may not result in27 proceedings for an alleged violation of the conditions of probation,28 parole, conditional release, post release supervision or supervised29 release unless: one or more claims were made by a crime victim against30 the convicted person pursuant to this section, and the crime victims31 [board] office imposes an assessment and/or penalty upon the convicted______32 person pursuant to this section, and the convicted person fails to pay33 the total amount of the assessment and/or penalty within sixty days of34 the imposition of such assessment and/or penalty.35 (vi) Records maintained by the [board] office and proceedings by the______36 [board or a board member] office based thereon regarding a claim submit-______37 ted by a victim or a claimant shall be deemed confidential, subject to38 the exceptions that appear in subdivision one of section six hundred39 thirty-three of this article.40 § 101-i. Section 633 of the executive law, as added by chapter 64 of41 the laws of 1998, is amended to read as follows:42 § 633. Confidentiality of records. 1. Records maintained by the43 [board] office and proceedings by the office or the board [or a board______ _____________44 member] based thereon regarding a claim submitted by a victim or a45 claimant shall be deemed confidential with the following exceptions:46 (a) requests for information based upon legitimate criminal justice47 purposes;48 (b) judicial subpoenas;49 (c) requests for information by the victim or claimant or his or her50 authorized representative;51 (d) for purposes necessary and proper for the administration of this52 article.53 2. All other records, including but not limited to, records maintained54 pursuant to sections six hundred thirty-one-a and six hundred thirty-55 two-a of this article and proceedings by the office or the board [or a_____________56 board member] based thereon shall be public record.

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1 3. Any report or record obtained by the board or office, the confiden-_________2 tiality of which is protected by any other law or regulation, shall3 remain confidential subject to such law or regulation.4 § 101-j. Section 634 of the executive law, as amended by chapter 5135 of the laws of 1982, subdivision 1 as amended and subdivision 6 as added6 by chapter 477 of the laws of 1986, paragraph (c) of subdivision 1 as7 amended by chapter 397 of the laws of 1993, is amended to read as8 follows:9 § 634. Subrogation. 1. (a) Acceptance of an award made pursuant to10 this article shall subrogate the state, to the extent of such award, to11 any right or right of action accruing to the claimant or the victim to12 recover payments on account of losses resulting from the crime with13 respect to which the award is made. Upon the payment of an award, the14 [board] office may, by writing, notify the claimant that such claimant______15 has ninety days, or thirty days prior to the date of expiration of the16 applicable statute of limitations, whichever period is shorter, within17 which to commence an action against his assailant or any third party18 who, as a result of the crime, may be liable in damages to the claimant.19 If the claimant fails to commence an action within the time provided20 herein, such failure shall, after written notification by the [board]21 office to the claimant, operate as an assignment of the claimant's cause______22 of action against the assailant or such other third party to the state;23 provided, however, that should the claimant's cause of action be in an24 amount in excess of the [board's] office's award, such assignment shall________25 be for only that portion of the cause of action which equals the amount26 of the award.27 (b) The [crime victims board] office of victim services shall review_________________________28 those claims that have been approved by the [board] office and that have______29 resulted in an award in excess of one thousand dollars for the purpose30 of identifying those causes of action that are likely to result in31 recovery of the state's payment to the victim. The [board] office shall______32 submit a list of these claims on a monthly basis to the attorney general33 with all necessary information relating to the case including whether34 the [claiment's] claimant's cause of action has been assigned to the__________35 [board] office.______36 (c) The attorney general may commence an action against the defendant37 convicted of the crime or third party for money damages to the extent of38 the award paid, and the claimant shall retain a right of action, subject39 to defenses, to recover damages for the full amount of loss incurred by40 him as a result of the crime less the amount assigned to the state by41 operation of this subdivision. Notwithstanding any other provision of42 law, an action brought by the attorney general pursuant to this para-43 graph against the defendant convicted of the crime must be commenced44 within seven years of the crime or pursuant to the time frames author-45 ized in subdivision three of section six hundred thirty-two-a of this46 article. A claimant who retains such right of action shall be permitted47 to intervene in any action brought pursuant to this subdivision by the48 attorney general. Any action brought by the attorney general may be49 compromised or settled provided the attorney general and the [board]50 office find that such action is in the best interests of the state.______51 2. Acceptance of an award made pursuant to this article shall create a52 lien in favor of the state on the proceeds of any recovery from the53 person or persons liable for the injury or death giving rise to the54 award by the [board] office, whether by judgment, settlement or other-______55 wise, after the deduction of the reasonable and necessary expenditures,56 including attorney's fees, incurred in effecting such recovery, to the

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1 total amount of the award made by the [board] office. Such lien shall______2 attach to any moneys received or to be received by the claimant or3 victim on account of losses resulting from the crime. Should the claim-4 ant or victim secure a recovery from the person or persons liable for5 the injury or death giving rise to the award by the [board] office,______6 whether by judgment, settlement or otherwise, such claimant may, upon7 notice to the [board] office, apply to the court in which the action was______8 instituted, or to any court of competent jurisdiction if no action was9 instituted, for an order apportioning the reasonable and necessary10 expenditures, including attorney's fees, incurred in effecting such11 recovery. Such expenditures shall be equitably apportioned by the court12 between the claimant and the [board] office. A copy of such lien shall______13 be mailed to the clerk of the county within which the crime occurred and14 such clerk will file the copy in accordance with the duties of such15 clerk as set forth in section five hundred twenty-five of the county16 law. The amount of such lien may be compromised or settled by the17 [board] office provided the [board] office finds that such action is in______ ______18 the best interests of the state, or payment of the full amount of the19 lien to the state would cause undue hardship for the victim.20 3. Any claimant who has received an award under this article, or his21 guardian, judicially appointed personal representative, or his estate,22 who brings an action for damages against the person or persons liable23 for the injury or death giving rise to an award by the [board] office______24 under this article shall give written notice to the [board] office of______25 the commencement of such action at the time such action is commenced.26 Such notice shall be served personally or by certified mail, return27 receipt requested.28 4. The attorney general may intervene, as of right, in any such action29 on behalf of the state of New York for the purpose of recovering the30 subrogated interest due the state of New York under the provisions of31 this article.32 5. The [board] commissioner, in consultation with the director, shall________________________________________________33 adopt rules and regulations to carry out the provisions and purposes of34 this section.35 6. The [board] office shall compile information on the number of cases______36 submitted to the attorney general, the number of actions instituted by37 the attorney general to recover payments made to crime victims, the38 dollar amount of recoveries made in such actions both on behalf of the39 state and any awards made to victims who intervene in such actions. The40 [board] division shall include this information, and any recommendations________41 to the governor and legislature to improve the collection of awards, in42 its annual report.43 § 102. Subdivisions 1 and 2 of section 631-a of the executive law,44 subdivision 1 as added by chapter 688 of the laws of 1985 and subdivi-45 sion 2 as amended by chapter 263 of the laws of 1986, are amended to46 read as follows:47 1. The [crime victims board] division shall make grants, within________48 amounts appropriated for that purpose, for crime victim service programs49 to provide services to crime victims and witnesses. These programs shall50 be operated at the community level by not-for-profit organizations, by51 agencies of local government or by any combination thereof. Crime victim52 service programs may be designed to serve crime victims and witnesses in53 general in a particular community, or may be designed to serve a catego-54 ry of persons with special needs relating to a particular kind of crime.

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1 2. The [crime victims board] commissioner, in consultation with the______________________________________2 director, shall promulgate regulations, relating to these grants,_________3 including guidelines for its determinations.4 (a) These regulations shall be designed to promote:5 (i) alternative funding sources other than the state, including local6 government and private sources;7 (ii) coordination of public and private efforts to aid crime victims;8 and9 (iii) long range development of services to all victims of crime in10 the community and to all victims and witnesses involved in criminal11 prosecutions.12 (b) These regulations shall also provide for services including, but13 not limited to:14 (i) assistance to claimants seeking crime victims compensation bene-15 fits;16 (ii) referrals, crisis intervention and other counseling services;17 (iii) services to elderly victims and to child victims and their fami-18 lies;19 (iv) transportation and household assistance; and20 (v) outreach to the community and education and training of law21 enforcement and other criminal justice officials to the needs of crime22 victims.23 § 103. Subdivision 1 of section 640 of the executive law, as amended24 by chapter 414 of the laws of 1985, is amended to read as follows:25 1. The commissioner of the division of criminal justice services, in26 consultation with the [chairman of the crime victims board] director and________27 other appropriate officials, shall promulgate standards for the treat-28 ment of the innocent victims of crime by the agencies which comprise the29 criminal justice system of the state.30 § 104. The article heading of article 22 of the executive law, as31 amended by chapter 17 of the laws of 1982, is amended to read as32 follows:33 [CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES_________________________34 § 105. Section 644 of the executive law, as added by chapter 94 of the35 laws of 1984, is amended to read as follows:36 § 644. Implementation. The commissioner of the division of criminal37 justice services and the [chairman of the crime victims board] director________38 of the office of victim services shall assist criminal justice agencies________________________________39 in implementing the guidelines promulgated by the commissioner.40 § 106. Section 645 of the executive law, as added by chapter 893 of41 the laws of 1986, is amended to read as follows:42 § 645. Fair treatment standards for crime victims in the courts. The43 chief administrator of the courts, in consultation with the commissioner44 of the division of criminal justice services, the [chairman of the crime45 victims board] director of the office of victim services and other_____________________________________________46 appropriate officials, shall promulgate standards for the treatment of47 the innocent victims of crime by the unified court system. These stand-48 ards shall conform to and be consistent with the regulations promulgated49 pursuant to section six hundred forty of this article.50 § 107. Subdivisions 1, 3 and 4 of section 646-a of the executive law,51 subdivisions 1 as amended and 4 as added by chapter 173 of the laws of52 2006 and subdivision 3 as added by chapter 67 of the laws of 1994, are53 amended to read as follows:54 1. The district attorney shall provide the victim, at the earliest55 time possible, with an informational pamphlet detailing the rights of56 crime victims which shall be prepared by the division of criminal

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1 justice services in [cooperation with the crime victims board,] consul-_______2 tation with the director of the office of victim services and distrib-___________________________________________________________3 uted to each district attorney's office.4 3. This pamphlet shall provide space for the insertion of the follow-5 ing information:6 (a) the address and phone number of the [nearest crime victims board]7 office of victim services;__________________8 (b) the address and phone numbers of local victim service programs,9 where appropriate;10 (c) the name, phone number and office location of the person in the11 district attorney's office to whom inquiries concerning the victims case12 may be directed; and13 (d) any other information the division deems appropriate.14 4. (a) The commissioner of the division of criminal justice services15 in [cooperation] consultation with the [crime victims board] director of____________ ___________16 the office of victim services shall develop and prepare a standardized_____________________________17 form for the use of district attorney offices for the purpose of report-18 ing compliance with this section. The form is to be distributed to each19 district attorney. Every district attorney's office in the state shall20 complete the reporting form annually and send it to the [chair of the21 crime victims board] director of the office of victim services by the__________________________________________22 first day of January each year subsequent to the effective date of this23 subdivision.24 (b) A copy of the report shall be retained by the district attorney25 and upon request, a victim of a crime or relative of a victim shall be26 entitled to receive from the district attorney a copy of their district27 attorney's annual report without charge. Any other person requesting a28 copy of the report shall pay a fee not to exceed the actual cost of29 reproduction.30 § 108. Paragraph (a) of subdivision 2 and subdivision 3-a of section31 844-b of the executive law, paragraph (a) of subdivision 2 as amended by32 chapter 393 of the laws of 1995 and subdivision 3-a as added by chapter33 626 of the laws of 1997, are amended to read as follows:34 (a) The committee shall consist of a representative of the commission-35 er, representative of the superintendent of the New York state police,36 two representatives of the New York state sheriffs association, two37 representatives of the New York state association of chiefs of police,38 two representatives of the New York state district attorneys' associ-39 ation, a representative of the attorney general, a representative of the40 [chairperson of the crime victims board] director of the office of_________________________41 victim services, a representative of the director of the state office_______________42 for the aging, a representative of the commissioner of social services,43 a representative of the commissioner of the New York city police depart-44 ment, a representative of the New York state crime prevention coalition45 and two elderly representatives one to be appointed by the temporary46 president of the senate and the other by the speaker of the assembly.47 The commissioner shall make appointments to the committee in accordance48 with nominations submitted by the relevant agencies or organizations.49 Each member of the committee shall be appointed by the commissioner to50 serve a two year term. Any member appointed by the commissioner may be51 reappointed for additional terms. Any vacancies shall be filled in the52 same manner as the original appointment and vacancies created otherwise53 than by expiration of term shall be filled for the remainder of that54 unexpired term.55 3-a. Reports. On or before March first, nineteen hundred ninety-eight56 and annually thereafter the committee shall report to the temporary

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1 president of the senate, the speaker of the assembly, the chair of the2 assembly committee on aging and the chair of the senate committee on3 aging, on the incidence of reports of abuse of elderly persons. Such4 report shall consist of information from reports forwarded to the5 committee by local law enforcement agencies pursuant to section 140.106 of the criminal procedure law including number of reported incidents,7 ages of victims and alleged offenders, circumstances of the incident8 whether arrests were made and the sentence, if any, of the offenders.9 Such report shall also recommend policies and programs to aid law10 enforcement agencies, the courts and the New York state [crime victims11 board] office of victim services in efforts to assist elder victims of_________________________12 domestic violence. The report shall also include recommendations13 designed to assist law enforcement agencies in implementing "Triad14 Programs".15 § 109. Intentionally omitted.16 § 110. Subdivision 12-g of section 8 of the state finance law, as17 added by chapter 62 of the laws of 2001, is amended to read as follows:18 12-g. Notwithstanding any other provision of the court of claims act19 or any other law to the contrary, thirty days before the comptroller20 issues a check for payment to an inmate serving a sentence of imprison-21 ment with the state department of correctional services or to a prisoner22 confined at a local correctional facility for any reason, including a23 payment made in satisfaction of any damage award in connection with any24 lawsuit brought by or on behalf of such inmate or prisoner against the25 state or any of its employees in federal court or any other court, the26 comptroller shall give written notice, if required pursuant to subdivi-27 sion two of section six hundred thirty-two-a of the executive law, to28 the [state crime victims board] office of victim services that such_________________________29 payment shall be made thirty days after the date of such notice.30 § 111. Subdivision 3 of section 97-bb of the state finance law, as31 amended by section 1 of part A of chapter 56 of the laws of 2009, is32 amended to read as follows:33 3. Monies of the criminal justice improvement account, following34 appropriation by the legislature and allocation by the director of the35 budget shall be made available for local assistance services and36 expenses of programs to provide services to crime victims and witnesses,37 including operations of the [crime victims board] office of victim________________38 services, and for payments to victims in accordance with the federal________39 crime control act of 1984, as administered pursuant to article twenty-40 two of the executive law.41 § 112. Paragraph (c) of subdivision 1 of section 2805-i of the public42 health law, as added by chapter 571 of the laws of 2007, is amended to43 read as follows:44 (c) offering and making available appropriate HIV post-exposure treat-45 ment therapies in cases where it has been determined, in accordance with46 guidelines issued by the commissioner, that a significant exposure to47 HIV has occurred, and informing the victim that payment assistance for48 such therapies may be available from the [crime victims board] office of_________49 victim services pursuant to the provisions of article twenty-two of the_______________50 executive law.51 § 113. Section 70 of the general municipal law, as amended by chapter52 62 of the laws of 2001, is amended to read as follows:53 § 70. Payment of judgments against municipal corporation. When a final54 judgment for a sum of money shall be recovered against a municipal55 corporation, and the execution thereof shall not be stayed pursuant to56 law, or the time for such stay shall have expired, the treasurer or

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1 other financial officer of such corporation having sufficient moneys in2 his hands belonging to the corporation not otherwise specifically appro-3 priated, shall pay such judgment upon the production of a certified copy4 of the docket thereof. Notwithstanding the provisions of any other law5 to the contrary, in any case where payment for any reason is to be made6 to an inmate serving a sentence of imprisonment with the state depart-7 ment of correctional services or to a prisoner confined at a local8 correctional facility, the treasurer or other financial officer shall9 give written notice, if required pursuant to subdivision two of section10 six hundred thirty-two-a of the executive law, to the [state crime11 victims board] office of victim services that such payment shall be made_________________________12 thirty days after the date of such notice.13 § 114. Intentionally omitted.14 § 115. Paragraph (b) of subdivision 4 of section 60.27 of the penal15 law, as amended by chapter 619 of the laws of 2002, is amended to read16 as follows:17 (b) the term "victim" shall include the victim of the offense, the18 representative of a crime victim as defined in subdivision six of19 section six hundred twenty-one of the executive law, an individual whose20 identity was assumed or whose personal identifying information was used21 in violation of section 190.78, 190.79 or 190.80 of this chapter, or any22 person who has suffered a financial loss as a direct result of the acts23 of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or24 190.83 of this chapter, a good samaritan as defined in section six25 hundred twenty-one of the executive law and the [crime victims' board]26 office of victim services or other governmental agency that has received_________________________27 an application for or has provided financial assistance or compensation28 to the victim.29 § 116. Section 116 of the correction law, as amended by chapter 62 of30 the laws of 2001, is amended to read as follows:31 § 116. Inmates' funds. The warden or superintendent of each of the32 institutions within the jurisdiction of the department of correction33 shall deposit at least once in each week to his credit as such warden,34 or superintendent, in such bank or banks as may be designated by the35 comptroller, all the moneys received by him as such warden, or super-36 intendent, as inmates' funds, and send to the comptroller and also to37 the commissioner of correction monthly, a statement showing the amount38 so received and deposited. Such statement of deposits shall be certified39 by the proper officer of the bank receiving such deposit or deposits.40 The warden, or superintendent, shall also verify by his affidavit that41 the sum so deposited is all the money received by him as inmates' funds42 during the month. Any bank in which such deposits shall be made shall,43 before receiving any such deposits, file a bond with the comptroller of44 the state, subject to his approval, for such sum as he shall deem neces-45 sary. Upon a certificate of approval issued by the director of the budg-46 et, pursuant to the provisions of section fifty-three of the state47 finance law, the amount of interest, if any, heretofore accrued and48 hereafter to accrue on moneys so deposited, heretofore and hereafter49 credited to the warden, or superintendent, by the bank from time to50 time, shall be available for expenditure by the warden, or superinten-51 dent, subject to the direction of the commissioner, for welfare work52 among the inmates in his custody. The withdrawal of moneys so deposited53 by such warden, or superintendent, as inmates' funds, including any54 interest so credited, shall be subject to his check. Each warden, or55 superintendent, shall each month provide the comptroller and also the56 commissioner with a record of all withdrawals from inmates' funds. As

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1 used in this section, the term "inmates' funds" means the funds in the2 possession of the inmate at the time of his admission into the institu-3 tion, funds earned by him as provided in section one hundred eighty-sev-4 en of this chapter and any other funds received by him or on his behalf5 and deposited with such warden or superintendent in accordance with the6 rules and regulations of the commissioner. Whenever the total unencum-7 bered value of funds in an inmate's account exceeds ten thousand8 dollars, the superintendent shall give written notice to the [state9 crime victims board] office of victim services._________________________10 § 117. Subdivisions 7 and 8 of section 500-c of the correction law, as11 added by chapter 62 of the laws of 2001, are amended to read as follows:12 7. A sheriff, the New York city commissioner of correction, or the13 Westchester county commissioner of correction, as the case may be, shall14 maintain an institutional fund account on behalf of every lawfully15 sentenced inmate or prisoner in his custody and shall for the benefit of16 the person make deposits into said accounts of any prisoner funds. As17 used in this section, the term "prisoner funds" means (i) funds in the18 possession of the prisoner at the time of admission into the institu-19 tion; (ii) funds earned by a prisoner as provided in section one hundred20 eighty-seven of this chapter; and (iii) any other funds received by or21 on behalf of the prisoner and deposited with such sheriff or municipal22 official in accordance with the written procedures established by the23 commission. Whenever the total value of unencumbered funds in a prison-24 er's account exceeds ten thousand dollars, such sheriff or official25 shall give written notice to the [state crime victims board] office of__________26 victim services._______________27 8. A sheriff, the New York city commissioner of correction, or the28 Westchester county commissioner of correction, as the case may be, shall29 provide written notice to all inmates serving a definite sentence for a30 specified crime defined in paragraph (e) of subdivision one of section31 six hundred thirty-two-a of the executive law who may be subject to any32 requirement to report to the [crime victims board] office of victim________________33 services any funds of a convicted person as defined in section six________34 hundred thirty-two-a of the executive law, the procedures for such35 reporting and any potential penalty for a failure to comply.36 § 118. Section 837-a of the executive law is amended by adding a new37 subdivision 10 to read as follows:38 10. Present to the governor and to the legislature, on or before______________________________________________________________________39 December thirty-first of each year, a report on the activities of the________________________________________________________________________40 office of victim services, including, but not limited to, specific________________________________________________________________________41 information on the matter in which the rights, needs and interests of________________________________________________________________________42 crime victims are being addressed by the state's criminal justice________________________________________________________________________43 system; information transmitted under subdivision five of section 390.30________________________________________________________________________44 of the criminal procedure law and subdivision seven of section 351.1 of________________________________________________________________________45 the family court act which the office shall compile, review and make________________________________________________________________________46 recommendations on how to promote the use of restitution and encourage________________________________________________________________________47 its enforcement; and information relating to the implementation of and________________________________________________________________________48 compliance with article twenty-three of this chapter by the criminal________________________________________________________________________49 justice agencies and the "crime victim-related agencies" of the state.______________________________________________________________________50 § 119. Subdivision 3 of section 410.10 of the criminal procedure law,51 as added by chapter 62 of the laws of 2001, is amended to read as52 follows:53 3. When the court pronounces a sentence of probation or conditional54 discharge for a specified crime defined in paragraph (e) of subdivision55 one of section six hundred thirty-two-a of the executive law, in addi-56 tion to specifying the conditions of the sentence, the court shall

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1 provide written notice to such defendant concerning any requirement to2 report to the [crime victims board] office of victim services funds of a_________________________3 convicted person as defined in section six hundred thirty-two-a of the4 executive law, the procedures for such reporting and any potential5 penalty for a failure to comply.6 § 120. Section 2222-a of the surrogate's court procedure act, as added7 by chapter 62 of the laws of 2001, is amended to read as follows:8 § 2222-a. Notice of legacy or distributive share payable to inmate or9 prisoner10 Where the legatee, distributee or beneficiary is an inmate serving a11 sentence of imprisonment with the state department of correctional12 services or a prisoner confined at a local correctional facility, the13 court shall give prompt written notice to the [state crime victims14 board] office of victim services, and at the same time direct that no___________________________15 payment be made to such inmate or prisoner for a period of thirty days16 following the date of entry of the order containing such direction.17 § 121. Subdivision 6-a of section 20 of the court of claims act, as18 added by chapter 62 of the laws of 2001, is amended to read as follows:19 6-a. Notwithstanding the provisions of subdivisions five, five-a and20 six of this section, in any case where a judgment or any part thereof is21 to be paid to an inmate serving a sentence of imprisonment with the22 state department of correctional services or to a prisoner confined at a23 local correctional facility, the comptroller shall give written notice,24 if required pursuant to subdivision two of section six hundred thirty-25 two-a of the executive law, to the [state crime victims board] office of_________26 victim services that such judgment shall be paid thirty days after the_______________27 date of such notice.28 § 122. Subdivision 11 of section 1311 of the civil practice law and29 rules, as added by chapter 655 of the laws of 1990, is amended to read30 as follows:31 11. (a) Any stipulation or settlement agreement between the parties to32 a forfeiture action shall be filed with the clerk of the court in which33 the forfeiture action is pending. No stipulation or settlement agreement34 shall be accepted for filing unless it is accompanied by an affidavit35 from the claiming authority that written notice of the stipulation or36 settlement agreement, including the terms of such, has been given to the37 [state crime victims board] office of victim services, the state divi-_________________________38 sion of criminal justice services, and in the case of a forfeiture based39 on a felony defined in article two hundred twenty or section 221.30 or40 221.55 of the penal law, to the state division of substance abuse41 services.42 (b) No judgment or order of forfeiture shall be accepted for filing43 unless it is accompanied by an affidavit from the claiming authority44 that written notice of judgment or order, including the terms of such,45 has been given to the [state crime victims board] office of victim__________________46 services, the state division of criminal justice services, and in the________47 case of a forfeiture based on a felony defined in article two hundred48 twenty or section 221.30 or 221.55 of the penal law, to the state divi-49 sion of substance abuse services.50 (c) Any claiming authority or claiming agent which receives any prop-51 erty pursuant to chapter thirteen of the food and drug laws (21 U.S.C.52 §801 et seq.) of the United States and/or chapter four of the customs53 duties laws (19 U.S.C. §1301 et seq.) of the United States and/or chap-54 ter 96 of the crimes and criminal procedure laws (18 U.S.C. §1961 et55 seq.) of the United States shall provide an affidavit to the commission-

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1 er of the division of criminal justice services stating the estimated2 present value of the property received.3 § 123. Subdivision 4 of section 1349 of the civil practice law and4 rules, as added by chapter 655 of the laws of 1990, is amended to read5 as follows:6 4. The claiming authority shall report the disposal of property and7 collection of assets pursuant to this section to the [state crime8 victims board] office of victim services, the state division of criminal_________________________9 justice services and the state division of substance abuse services.10 § 124. Subdivision (d) of section 4510 of the civil practice law and11 rules, as added by chapter 432 of the laws of 1993, is amended to read12 as follows:13 (d) Limitation on waiver. A client who, for the purposes of obtaining14 compensation under article twenty-two of the executive law or insurance15 benefits, authorizes the disclosure of any privileged communication to16 an employee of the [crime victims board] office of victim services or an_________________________17 insurance representative shall not be deemed to have waived the privi-18 lege created by this section.19 § 125. Section 5011 of the civil practice law and rules, as amended by20 chapter 62 of the laws of 2001, is amended to read as follows:21 § 5011. Definition and content of judgment. A judgment is the determi-22 nation of the rights of the parties in an action or special proceeding23 and may be either interlocutory or final. A judgment shall refer to, and24 state the result of, the verdict or decision, or recite the default upon25 which it is based. A judgment may direct that property be paid into26 court when the party would not have the benefit or use or control of27 such property or where special circumstances make it desirable that28 payment or delivery to the party entitled to it should be withheld. In29 any case where damages are awarded to an inmate serving a sentence of30 imprisonment with the state department of correctional services or to a31 prisoner confined at a local correctional facility, the court shall give32 prompt written notice to the [state crime victims board] office of__________33 victim services, and at the same time shall direct that no payment be________________34 made to such inmate or prisoner for a period of thirty days following35 the date of entry of the order containing such direction.36 § 126. Intentionally omitted.37 § 127. Subdivision 2 of section 459-b of the real property tax law, as38 added by chapter 269 of the laws of 1996, is amended to read as follows:39 2. To qualify as a physically disabled crime victim or good samaritan40 for the purposes of this section, an individual shall submit to the41 assessor a certified statement from a physician licensed to practice in42 the state of New York on a form prescribed and made available by the43 state board which states that the individual has a permanent physical44 impairment which substantially limits one or more of such individual's45 major life activities, except that an individual who has obtained a46 certificate from the state commission for the blind and visually hand-47 icapped stating that such individual is legally blind may submit such48 certificate in lieu of a physician's certified statement. In addition, a49 copy of a police report pertaining to the crime from which the injury50 resulted, a report from the [crime victims board] office of victim________________51 services or other evidence or documentation which would tend to substan-________52 tiate that a physical disability was inflicted upon an individual as the53 result of a crime shall also be submitted to the assessor.54 § 128. Paragraph 2 of subdivision c of section 17-193 of the adminis-55 trative code of the city of New York, as added by local law number 62 of56 the city of New York for the year 2007, is amended to read as follows:

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1 2. contact information for the New York state [crime victims board]2 office of victim services and information indicating how such owner,_________________________3 resident or occupant can apply to such [board] office for financial______4 assistance to help cover the cost of professional clean up of a trauma5 scene, including how application forms can be obtained at the [board's]6 office's local office or website;________7 § 129. This act shall take effect on April 1, 2010; provided, however,8 that:9 (a) the amendments to paragraphs a, b, e and i of subdivision 1 of10 section 261 of the executive law made by section twenty-five of this act11 shall not affect the repeal of such section and shall be deemed repealed12 therewith;13 (b) the amendments to subdivisions 1 and 5 of section 410.92 of the14 criminal procedure law made by sections twenty-seven and twenty-eight of15 this act shall not affect the repeal of such section and shall be deemed16 repealed therewith;17 (c) the amendments to the opening paragraph of paragraph (b) of subdi-18 vision 6 of section 1198 of the vehicle and traffic law made by section19 thirty-three of this act shall not affect the repeal of such section and20 shall be deemed repealed therewith;21 (d) the amendments to section 252-a of the family court act made by22 section forty-five of this act shall not affect the expiration of such23 section and shall be deemed to expire therewith;24 (e) the amendments to subdivisions 5 and 6 of section 257-c of the25 executive law made by section fifty-one-a of this act shall not affect26 the expiration of such section and shall expire therewith;27 (f) the amendments to subdivision (a) of section 483-ee of the social28 services law made by section seventy-six of this act shall not affect29 the repeal of such section and shall be deemed repealed therewith; and30 (g) the amendments to subdivisions 7 and 8 of section 500-c of the31 correction law made by section one hundred seventeen of this act shall32 not affect the repeal of such section and shall be deemed repealed ther-33 ewith.

34 PART B

35 Section 1. Section 20 of the executive law, as added by chapter 640 of36 the laws of 1978, paragraph a of subdivision 2 as amended by chapter 78137 of the laws of 1988, is amended to read as follows:38 § 20. Natural and man-made disasters; policy; definitions. 1. It shall39 be the policy of the state that:40 a. local government and emergency service organizations continue their41 essential role as the first line of defense in times of disaster, and42 that the state provide appropriate supportive services to the extent43 necessary;44 b. local chief executives take an active and personal role in the45 development and implementation of disaster preparedness programs and be46 vested with authority and responsibility in order to insure the success47 of such programs;48 c. state and local natural disaster and emergency response functions49 be coordinated using recognized practices in incident management in____________________________________________________50 order to bring the fullest protection and benefit to the people;51 d. state resources be organized and prepared for immediate effective52 response to disasters which are beyond the capability of local govern-53 ments and emergency service organizations; and

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1 e. state and local plans, organizational arrangements, and response2 capability required to execute the provisions of this article shall at3 all times be the most effective that current circumstances and existing4 resources allow.5 2. As used in this article the following terms shall have the follow-6 ing meanings:7 a. "disaster" means occurrence or imminent threat of wide spread or8 severe damage, injury, or loss of life or property resulting from any9 natural or man-made causes, including, but not limited to, fire, flood,10 earthquake, hurricane, tornado, high water, landslide, mudslide, wind,11 storm, wave action, volcanic activity, epidemic, air contamination,12 terrorism, cyber event, blight, drought, infestation, explosion, radio-________________________13 logical accident, nuclear, chemical, biological, or bacteriological_____________________________________________________14 release, water contamination, bridge failure or bridge collapse.________15 b. "state disaster emergency" means a period beginning with a declara-16 tion by the governor that a disaster exists and ending upon the termi-17 nation thereof.18 c. "municipality" means a public corporation as defined in subdivision19 one of section sixty-six of the general construction law and a special20 district as defined in subdivision sixteen of section one hundred two of21 the real property tax law.22 d. "commission" means the disaster preparedness commission created23 pursuant to section twenty-one of this article.24 e. "emergency services organization" means a public or private agency,25 voluntary organization or group organized and functioning for the_________26 purpose of providing fire, medical, ambulance, rescue, housing, food or27 other services directed toward relieving human suffering, injury or loss28 of life or damage to property as a result of an emergency, including29 non-profit and governmentally-supported organizations, but excluding30 governmental agencies.31 f. "chief executive" means:32 (1) a county executive or manager of a county;33 (2) in a county not having a county executive or manager, the chairman34 or other presiding officer of the county legislative body;35 (3) a mayor of a city or village, except where a city or village has a36 manager, it shall mean such manager; and37 (4) a supervisor of a town, except where a town has a manager, it38 shall mean such manager.39 g. "Disaster emergency response personnel" means agencies, public______________________________________________________________________40 officers, employees, or affiliated volunteers having duties and respon-________________________________________________________________________41 sibilities under or pursuant to a comprehensive emergency management________________________________________________________________________42 plan._____43 h. "Emergency management director" means the government official______________________________________________________________________44 responsible for emergency preparedness, response and recovery for a________________________________________________________________________45 county, city, town, or village._______________________________46 § 2. Section 21 of the executive law, as added by chapter 640 of the47 laws of 1978, subdivision 1 as amended by chapter 346 of the laws of48 2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-49 graph c of subdivision 3 as amended by chapter 42 of the laws of 2004,50 and paragraphs f, g, h, i, and j of subdivision 3 as amended and para-51 graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is52 amended to read as follows:53 § 21. Disaster preparedness commission established; meetings; powers54 and duties. 1. There is hereby created in the executive department a55 disaster preparedness commission consisting of the commissioners of56 transportation, health, division of criminal justice services, educa-

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1 tion, social services, economic development, agriculture and markets,2 housing and community renewal, general services, labor, environmental3 conservation, mental health, parks, recreation and historic preserva-___________________________________________4 tion, correctional services and children and family services, the presi-_____________________________________________________________5 dent of the New York state energy research and development authority,6 the superintendents of state police, insurance, banking, the secretary7 of state, the state fire administrator, the [chair] chairs of the public______8 service commission and the crime victims board, the adjutant general,____________________________9 the [director] directors of the [state] offices within the division of_________ ________________________________10 homeland security and emergency services, the office for technology, the_____________________________________________11 [chairman] chairs of the thruway authority, the metropolitan transporta-______ ____________________________12 tion authority, the port authority of New York and New Jersey, the chief______________________________________________________________13 professional officer of the state coordinating chapter of the American14 Red Cross and three additional members, to be appointed by the governor,15 two of whom shall be chief executives. Each member agency may designate________________________________16 an officer of that agency, with responsibility for disaster preparedness________________________________________________________________________17 matters, who may represent that agency on the commission. The commis-__________________________________________________________ _______18 sioner of the division of homeland security and emergency services shall________________________________________________________________________19 serve as chair of the commission, and the governor shall designate the___________________________________________20 vice chair of the commission. The members of the commission, except____21 those who serve ex officio, shall be allowed their actual and necessary22 expenses incurred in the performance of their duties under this article23 but shall receive no additional compensation for services rendered24 pursuant to this article.25 2. The commission, on call of the chairperson, shall meet at least26 twice each year and at such other times as may be necessary. The agenda27 and meeting place of all regular meetings shall be made available to the28 public in advance of such meetings and all such meetings shall be open29 to the public. The commission shall establish quorum requirements and30 other rules and procedures regarding conduct of its meetings and other31 affairs. [The adjutant general shall serve as secretary to the commis-32 sion and provide staff services as may be necessary through the state33 emergency management office.]34 3. The commission shall have the following powers and responsibil-35 ities:36 a. study all aspects of man-made or natural disaster prevention,37 response and recovery;38 b. request and obtain from any state or local officer or agency any39 information necessary to the commission for the exercise of its respon-40 sibilities;41 c. prepare [state disaster preparedness plans, to be approved by the42 governor, and review such plans and report thereon] and, as appropriate,____________________43 revise a state comprehensive emergency management plan. The commission________________________________________________________________________44 shall report all revisions to such plan by March thirty-first of each__________________________________________45 year to the governor, the legislature and the chief judge of the state,_46 unless a current version of the plan is available to the public on the________________________________________________________________________47 website of the division of homeland security and emergency services. In___________________________________________________________________48 preparing such plans, the commission shall consult with federal and49 local officials, emergency service organizations, and the public as it50 deems appropriate. To the extent such plans impact upon administration51 of the civil and criminal justice systems of the state, including their52 operational and fiscal needs in times of disaster emergency, the commis-53 sion, its staff and any working group, task force, agency or other54 instrumentality to which it may delegate responsibility to assist it in55 its duties shall consult with the chief administrator of the courts and

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1 coordinate their preparation with him or her or with his or her repre-2 sentatives;3 d. prepare, keep current and distribute to chief executives and others4 an inventory of programs directly relevant to prevention, minimization5 of damage, readiness, operations during disasters, and recovery follow-6 ing disasters;7 e. direct state disaster operations and coordinate state disaster8 operations with local disaster operations following the declaration of a9 state disaster emergency;10 f. unless it deems it unnecessary, create, following the declaration11 of a state disaster emergency, a temporary organization in the disaster12 area to provide for integration and coordination of efforts among the13 various federal, state, municipal and private agencies involved. The14 commission, upon a finding that a municipality is unable to manage local15 disaster operations, may, with the approval of the governor, direct the16 temporary organization to assume direction of the local disaster oper-17 ations of such municipality, for a specified period of time, and in such18 cases such temporary organization shall assume direction of such local19 disaster operations, subject to the supervision of the commission. In20 such event, such temporary organization may utilize such municipality's21 local resources, provided, however, that the state shall not be liable22 for any expenses incurred in using such municipality's resources;23 g. assist in the coordination of federal recovery efforts and coordi-24 nate recovery assistance by state and private agencies;25 h. provide for periodic briefings, drills, exercises or other means to26 assure that all state personnel with direct responsibilities in the27 event of a disaster are fully familiar with response and recovery plans28 and the manner in which they shall carry out their responsibilities, and29 coordinate with federal, local or other state personnel. Such activities30 may take place on a regional or county basis, and local and federal31 participation shall be invited and encouraged;32 i. submit to the governor, the legislature and the chief judge of the33 state by March thirty-first of each year an annual report which shall34 include but need not be limited to:35 (1) a summary of commission and state agency activities for the year36 and plans for the ensuing year with respect to the duties and responsi-37 bilities of the commission;38 (2) recommendations on ways to improve state and local capability to39 prevent, prepare for, respond to and recover from disasters;40 (3) the status of the state and local plans for disaster preparedness41 and response, including the name of any locality which has failed or42 refused to develop and implement its own disaster preparedness plan and43 program; and___44 j. [coordinate and, to the extent possible and feasible, integrate45 commission activities, responsibilities and duties with those of the46 civil defense commission; and47 k.] develop public service announcements to be distributed to tele-48 vision and radio stations and other media throughout the state informing49 the public how to prepare and respond to disasters. Such public service50 announcements shall be distributed in English and such other languages51 as such commission deems appropriate.52 4. All powers of the state civil defense commission are assigned to______________________________________________________________________53 the commission._______________54 5. The office of emergency management within the division of homeland______________________________________________________________________55 security and emergency services shall serve as the staff arm of the________________________________________________________________________

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1 commission and shall be responsible for implementing provisions of this________________________________________________________________________2 article and the rules and policies adopted by the commission._____________________________________________________________3 § 3. Subdivision 3 of section 22 of the executive law, as added by4 chapter 640 of the laws of 1978, subparagraph 8 of paragraph b as5 amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of6 paragraph b as amended and subparagraph 16 of paragraph b as added by7 chapter 677 of the laws of 2006, is amended to read as follows:8 3. Such plans shall be prepared with such assistance from other agen-9 cies as the commission deems necessary, and shall include, but not be10 limited to:11 a. Disaster prevention and mitigation. Plans to prevent and minimize______________12 the effects of disasters shall include, but not be limited to:13 (1) identification of [potential disasters and disaster sites] hazards_______14 and assessment of risk;______________________15 (2) recommended disaster prevention and mitigation projects, policies,______________16 priorities and programs, with suggested implementation schedules, which17 outline federal, state and local roles;18 (3) suggested revisions and additions to building and safety codes,19 and zoning and other land use programs;20 (4) suggested ways in which state agencies can provide technical21 assistance to municipalities in the development of local disaster22 prevention and mitigation plans and programs;______________23 (5) such other measures as reasonably can be taken to [prevent disas-24 ters or mitigate their impact] protect lives, prevent disasters, and_________________________________________25 reduce the impact of disasters.______________________________26 b. Disaster response. Plans to coordinate the use of resources and27 manpower for service during and after disaster emergencies and to deliv-28 er services to aid citizens and reduce human suffering resulting from a29 disaster emergency shall include, but not be limited to:30 (1) [centralized] coordination of resources, manpower and services,31 using recognized practices in incident management and utilizing existing_____________________________________________________32 organizations and lines of authority and centralized direction of33 requests for assistance;34 (2) the location, procurement, construction, processing, transporta-35 tion, storing, maintenance, renovation, distribution, disposal or use of__________36 materials, including those donated, and facilities and services;_________________________ ___37 (3) a system for warning populations who are or may be endangered;38 (4) arrangements for activating state, municipal and volunteer forces,39 through normal chains of command so far as possible and for continued40 communication and reporting;41 (5) a specific plan for rapid and efficient communication, and for the42 integration of state communication facilities during a state disaster43 emergency, including the assignment of responsibilities and the estab-44 lishment of communication priorities, and liaison with municipal,45 private and federal communication facilities;46 (6) a plan for coordinated evacuation procedures, including the estab-47 lishment of temporary housing and other necessary facilities;48 (7) criteria for establishing priorities with respect to the restora-49 tion of vital services and debris removal;50 (8) plans for the continued effective operation of the civil and crim-51 inal justice systems;52 (9) provisions for training state and local government personnel and53 volunteers in disaster response operations;54 (10) providing information to the public;55 (11) care for the injured and needy and identification and disposition56 of the dead;

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1 (12) utilization and coordination of programs to assist victims of2 disasters, with particular attention to the needs of the poor, the3 elderly, the [handicapped] disabled, and other groups which may be espe-________4 cially affected;5 (13) control of ingress and egress to and from a disaster area;6 (14) arrangements to administer federal disaster assistance;7 (15) a system for obtaining and coordinating [disaster information]8 situational awareness including the centralized assessment of disaster_____________________9 effects and resultant needs; and10 (16) utilization and coordination of programs to assist individuals11 with household pets and service animals following a disaster, with12 particular attention to means of evacuation, shelter and transportation13 options.14 c. Recovery. Plans to provide for recovery and redevelopment after15 disaster emergencies shall include, but not be limited to:16 (1) measures to coordinate state agency assistance in recovery17 efforts;18 (2) arrangements to administer federal recovery assistance; and19 (3) such other measures as reasonably can be taken to assist in the20 development and implementation of local disaster recovery plans.21 § 4. Section 23 of the executive law, as added by chapter 640 of the22 laws of 1978, subdivision 1 as amended by chapter 603 of the laws of23 1993, subdivision 5 and subparagraph 8 of paragraph b of subdivision 724 as amended by chapter 42 of the laws of 2004, and subparagraphs 16 and25 17 of paragraph b of subdivision 7 as amended and subparagraph 18 of26 paragraph b of subdivision 7 as added by chapter 677 of the laws of27 2006, is amended to read as follows:28 § 23. Local disaster preparedness plans. 1. Each county, except those29 contained within the city of New York, and each city, town and village30 is authorized to prepare [disaster preparedness] comprehensive emergency_______________________31 management plans. The disaster preparedness commission shall provide__________32 assistance and advice for the development of such plans. City, town and33 village plans shall be coordinated with the county plan.34 2. The purpose of such plans shall be to minimize the effect of disas-35 ters by (i) identifying appropriate local measures to prevent disasters,36 (ii) developing mechanisms to coordinate the use of local resources and37 manpower for service during and after disasters and the delivery of38 services to aid citizens and reduce human suffering resulting from a39 disaster, and (iii) providing for recovery and redevelopment after40 disasters.41 3. Plans for coordination of resources, manpower and services shall42 provide for a centralized coordination and direction of requests for43 assistance.44 4. Plans for coordination of assistance shall provide for utilization45 of existing organizations and lines of authority.46 5. In preparing such plans, cooperation, advice and assistance shall47 be sought from local government officials, regional and local planning48 agencies, police agencies, fire departments and fire companies, local49 [civil defense] emergency management agencies, commercial and volunteer____________________50 ambulance services, health and social services officials, community51 action agencies, the chief administrator of the courts, organizations52 for the elderly and the handicapped, other interested groups and the53 general public. Such advice and assistance may be obtained through54 public hearings held on public notice, or through other appropriate55 methods.

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1 6. All plans for [disaster preparedness] comprehensive emergency________________________2 management developed by local governments or any revisions thereto shall__________3 be submitted to the commission by December thirty-first of each year to4 facilitate state coordination of disaster operations.5 7. Such plans shall include, but not be limited to:6 a. Disaster prevention and mitigation. Plans to prevent and minimize______________7 the effects of disasters shall include, but not be limited to:8 (1) [identification of potential disasters and disaster sites] iden-_____9 tification of hazards and assessment of risk;____________________________________________10 (2) recommended disaster prevention and mitigation projects, policies,______________11 priorities and programs, with suggested implementation schedules, which12 outline federal, state and local roles;13 (3) suggested revisions and additions to building and safety codes and14 zoning and other land use programs;15 (4) such other measures as reasonably can be taken to [prevent disas-16 ters or mitigate their impact] protect lives, prevent disasters, and_____________________________________17 reduce their impact.___________________18 b. Disaster response. Plans to coordinate the use of resources and19 manpower for service during and after disasters and to deliver services20 to aid citizens and reduce human suffering resulting from a disaster21 shall include, but not be limited to:22 (1) centralized coordination of resources, manpower and services,23 utilizing existing organizations and lines of authority and centralized24 direction of requests for assistance;25 (2) the location, procurement, construction, processing, transporta-26 tion, storing, maintenance, renovation, distribution or use of materi-27 als, facilities and services which may be required in time of disaster;28 (3) a system for warning populations who are or may be endangered;29 (4) arrangements for activating municipal and volunteer forces,30 through normal chains of command so far as possible, and for continued31 communication and reporting;32 (5) a specific plan for rapid and efficient communication and for the33 integration of local communication facilities during a disaster includ-34 ing the assignment of responsibilities and the establishment of communi-35 cation priorities and liaison with municipal, private, state and federal36 communication facilities;37 (6) a plan for coordination evacuation procedures including the estab-38 lishment of temporary housing and other necessary facilities;39 (7) criteria for establishing priorities with respect to the restora-40 tion of vital services and debris removal;41 (8) plans for the continued effective operation of the civil and crim-42 inal justice systems;43 (9) provisions for training local government personnel and volunteers44 in disaster response operations;45 (10) providing information to the public;46 (11) care for the injured and needy and identification and disposition47 of the dead;48 (12) utilization and coordination of programs to assist victims of49 disasters, with particular attention to the needs of the poor, the50 elderly, the handicapped, and other groups which may be especially51 affected;52 (13) control of ingress and egress to and from a disaster area;53 (14) arrangements to administer state and federal disaster assistance;54 (15) procedures under which the county, city, town, village or other55 political subdivision and emergency organization personnel and resources56 will be used in the event of a disaster;

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1 (16) a system for obtaining and coordinating disaster information2 including the centralized assessment of local disaster effects and3 resultant needs;4 (17) continued operation of governments of political subdivisions; and5 (18) utilization and coordination of programs to assist individuals6 with household pets and service animals following a disaster, with7 particular attention to means of evacuation, shelter and transportation8 options.9 c. Recovery. Local plans to provide for recovery and redevelopment10 after disasters shall include, but not be limited to:11 (1) recommendations for replacement, reconstruction, removal or relo-12 cation of damaged or destroyed public or private facilities, proposed13 new or amendments to zoning, subdivision, building, sanitary or fire14 prevention regulations and recommendations for economic development and15 community development in order to minimize the impact of any potential16 future disasters on the community.17 (2) provision for cooperation with state and federal agencies in18 recovery efforts.19 (3) provisions for training and educating local disaster officials or20 organizations in the preparation of applications for federal and state21 disaster recovery assistance.22 § 5. Paragraph f of subdivision 1 of section 24 of the executive law,23 as added by chapter 158 of the laws of 1994, is amended to read as24 follows:25 f. the establishment or designation of emergency shelters [and/or],_26 emergency medical shelters, and in consultation with the state commis-______________________________________________27 sioner of health and alternate medical care sites;_________________________________________________28 § 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-29 sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3 as30 amended by chapter 158 of the laws of 1994, are amended to read as31 follows:32 2. Coordination of assistance shall utilize existing organizations and33 lines of authority and shall utilize any [disaster preparedness or civil34 defense plans] comprehensive emergency management plans prepared by the________________________________________35 affected municipality.36 3. A chief executive or any elected or appointed county, city, town or37 village official shall not be held responsible for acts or omissions of38 municipal employees, disaster preparedness forces or civil defense forc-39 es when performing disaster assistance pursuant to a declared disaster40 emergency or when exercising [disaster preparedness] comprehensive emer-___________________41 gency management plans.________________42 § 7. Section 29-b of the executive law, as added by chapter 640 of the43 laws of 1978, is amended to read as follows:44 § 29-b. Use of [civil defense forces] disaster emergency response_____________________________45 personnel in disasters. 1. The governor may, in his or her discretion,_________ ______46 direct the state [civil defense commission] disaster preparedness______________________47 commission to conduct [a civil defense drill] an emergency exercise or__________ ________________________48 drill, under its direction, in which all or any of the [civil defense_____49 forces] personnel and resources of the agencies of the commission of the_________________________________________________________50 state may be utilized to perform the duties assigned to them in a [civil51 defense emergency] disaster, for the purpose of protecting and preserv-________52 ing human life or property in a disaster. [In such event, civil defense53 forces] During a disaster or such drill or exercise, disaster emergency_______________________________________________________________54 response personnel in the state shall operate under the direction and__________________55 command of the [state director of civil defense] chair of such commis-_____________________56 sion, and shall possess the same powers, duties, rights, privileges and____

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1 immunities as are applicable in a civil defense drill held at the direc-2 tion of the state civil defense commission under the provisions of the3 New York state defense emergency act.4 2. Local use of [civil defense forces] disaster emergency response___________________________5 personnel. a. Upon the threat or occurrence of a disaster, and during_________6 and immediately following the same, and except as otherwise provided in7 paragraph d of this subdivision, the county chief executive may direct8 the [civil defense director] emergency management director of a county_____________________________9 to assist in the protection and preservation of human life or property10 by [holding a civil defense drill and training exercise at the scene of11 the disaster and at any other appropriate places within the county, in12 which all or any civil defense forces may be called upon] calling upon____________13 disaster emergency response personnel employed by or supporting that________________________________________________________________________14 county, as specified in the county comprehensive emergency management________________________________________________________________________15 plan, to perform the [civil defense] emergency response duties assigned_____ __________________16 to them.17 b. The [civil defense forces] disaster emergency response personnel of_____________________________________18 the county shall be regarded as a reserve disaster force to be acti-19 vated, in whole [in] or in part, by the county [civil defense director]__20 emergency management director upon the direction of the county chief_______________________________21 executive when the county chief executive, in his discretion, is22 convinced that the personnel and resources of local municipal and23 private agencies normally available for disaster assistance are insuffi-24 cient adequately to cope with the disaster.25 c. Except as provided in paragraph d of this subdivision, the county26 chief executive may exercise the power conferred upon him in paragraph a27 of this subdivision, or may deactivate the [civil defense forces] disas-______28 ter emergency response personnel of the county in whole or in part, on__________________________________29 his own motion or upon the request of the chief executive officer of a30 village, town or city located within the county of which he is an offi-31 cer.32 d. Where the local office of [civil defense] public safety or emergen-_________________________33 cy management in a city is independent of the county office of [civil_____________34 defense] public safety or emergency management and is not consolidated______________________________________35 therewith, the county chief executive may direct the [civil defense36 director] emergency management director of the county to render assist-_____________________________37 ance within such city only when the chief executive officer of such city38 has certified to him that the [civil defense forces] disaster emergency___________________39 response personnel of the city have been activated pursuant to the___________________40 provisions of subdivision three of this section and that all resources41 available locally are insufficient adequately to cope with the disaster.42 e. When performing disaster assistance pursuant to this section, coun-43 ty [civil defense forces] disaster emergency response personnel shall_____________________________________44 operate under the direction and command of the county [civil defense]45 emergency management director and his duly authorized deputies, and_____________________46 shall possess the same powers, duties, rights, privileges and immunities47 they would possess when performing their duties in a locally sponsored48 civil defense drill or training exercise in the civil or political49 subdivision in which they are enrolled, employed or assigned [civil50 defense] emergency response responsibilities.__________________51 f. The chief executive officer of a city shall be responsible for the52 conduct of disaster operations within the city, including the operations53 directed by the county [civil defense] emergency management director_____________________54 when rendering disaster assistance within a city pursuant to this55 section.

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1 g. Outside of a city, the sheriff of the county, and in Nassau county2 the commissioner of police of the county of Nassau, shall supervise the3 operations of the [civil defense director] emergency management director_____________________________4 when rendering peace officer duties incident to disaster assistance. The5 sheriff and such commissioner may delegate such supervisory power to an6 elected or appointed town or village official in the area affected.7 h. Neither the chief executive officer of a city, nor the county chief8 executive, nor any elected or appointed town or village official to whom9 the county chief executive has delegated supervisory power as aforesaid10 shall be held responsible for acts or omissions of [civil defense forc-11 es] disaster emergency response personnel when performing disaster________________________________________12 assistance.13 3. City use of [civil defense forces] disaster emergency response___________________________14 personnel. a. Upon the threat or occurrence of a disaster, and during_________15 and immediately following the same, and except as otherwise provided in16 paragraph d of this subdivision, the chief executive of a city may17 direct the [civil defense] emergency management director of the city to____________________18 assist in the protection and preservation of human life or property by19 [holding a civil defense drill and training exercise at the scene of the20 disaster and at any other appropriate places within the city, in which21 all or any civil defense forces may be called upon] calling upon city___________________22 disaster emergency response personnel to perform the [civil defense]________________________________________23 emergency response duties assigned to them.__________________24 b. The [civil defense forces] disaster emergency response personnel of_____________________________________25 the city shall be regarded as a reserve disaster force to be activated,26 in whole or in part, by the city [civil defense] emergency management____________________27 director upon the direction of the chief executive officer of the city28 when the latter, in his discretion, is convinced that the personnel and29 resources of local municipal and private agencies normally available for30 disaster assistance are insufficient adequately to cope with the disas-31 ter.32 c. Except as provided in paragraph d of this subdivision, the chief33 executive officer of a city may exercise the power conferred upon him in34 paragraph a of this subdivision, or may deactivate the [civil defense35 forces] disaster emergency response personnel of the city in whole or in_____________________________________36 part, on his own motion or upon the request of the head of the city37 police force.38 d. Where the local office of [civil defense] emergency management in a____________________39 city is under the jurisdiction of a consolidated county office of civil40 defense as provided in the New York state defense emergency act, the41 chief executive officer of such city seeking the assistance of [civil42 defense forces] disaster emergency response personnel in the protection_____________________________________43 and preservation of human life or property within such city because of44 such disaster, must request the same from the county chief executive in45 which such city is located, in the same manner as provided for assist-46 ance to towns and villages in subdivision two of this section.47 e. When performing disaster assistance pursuant to this subdivision,48 [city civil defense forces] disaster emergency response personnel shall_____________________________________49 operate under the direction and command of the city [civil defense50 director] emergency management director and his duly authorized depu-_____________________________51 ties, and shall possess the same powers, duties, rights, privileges, and52 immunities they would possess when performing their duties in a locally53 sponsored civil defense drill or training exercise in the city in which54 they are enrolled, employed or assigned [civil defense] emergency_________55 response responsibilities.________

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1 f. Where the city [civil defense forces] disaster emergency response_____________________________2 personnel have been directed to assist in local disaster operations_________3 pursuant to paragraph a of this subdivision, and the chief executive4 officer of the city is convinced that the personnel and resources of5 local municipal and private agencies normally available for disaster6 assistance, including local [civil defense forces] disaster emergency___________________7 response personnel, are insufficient adequately to cope with the disas-___________________8 ter, he may certify the fact to the county chief executive and request9 the county chief executive to direct the county [civil defense] emergen-________10 cy management director to render assistance in the city, as provided in______________11 subdivision two of this section.12 g. The chief executive officer of a city shall be responsible for the13 conduct of disaster operations within the city, including the operations14 directed by the county [civil defense] emergency management director,____________________15 when rendering disaster assistance within a city pursuant to this subdi-16 vision.17 h. Neither the chief executive officer of a city, nor the county chief18 executive, shall be held responsible for acts or omissions of [civil19 defense forces] disaster emergency response personnel when performing______________________________________20 disaster assistance.21 § 8. Paragraph (e) of subdivision 1 of section 29-e of the executive22 law, as added by chapter 603 of the laws of 1993, is amended to read as23 follows:24 (e) "The [state] office of emergency management [office]" shall mean_________25 the office within the [office of military and naval affairs that assists26 the disaster preparedness commission in implementing the powers and27 duties of the disaster preparedness commission] division of homeland______________________28 security and emergency services._______________________________29 § 9. Paragraphs (a), (f) and (g) of subdivision 3 of section 29-e of30 the executive law, as added by chapter 603 of the laws of 1993, are31 amended to read as follows:32 (a) Upon the issuance of a declaration of significant economic33 distress due to unanticipated natural disaster by the governor, a muni-34 cipality recognized by the governor as being affected by such disaster35 [which occurred on or after December first, nineteen hundred ninety-36 two,] may apply to the [state emergency management office] division of___________37 homeland security and emergency services within ninety days of such________________________________________________________________________38 declaration on a form prescribed by such office, for reimbursement from___________39 the state's contingency reserve fund for reimbursement of extraordinary40 and unanticipated costs associated with the reconstruction or repair of41 public buildings, facilities or infrastructure.42 (f) In providing assistance pursuant to this section, the [state emer-43 gency management office] division of homeland security and emergency_______________________________________________44 services may give preference to applicants which demonstrate the great-________45 est need or which document that such assistance will be utilized to46 bring the applicant into compliance with federal or state law.47 (g) In the event that amounts appropriated are insufficient to provide48 for full reimbursement of all extraordinary and unanticipated costs49 incurred by such municipality approved for reimbursement pursuant to50 this section, the [state emergency management office] division of home-_________________51 land security and emergency services is authorized to provide a pro rata____________________________________52 share of the appropriations, appropriated herein, to such municipality.53 § 10. Paragraphs (a) and (b) of subdivision 4 of section 29-e of the54 executive law, as added by chapter 603 of the laws of 1993, are amended55 to read as follows:

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1 (a) The [adjutant general] commissioner of the division of homeland___________________________________________2 security and emergency services as defined in article [nine] twenty-six________________________________ __________3 of this chapter with the [advise] advice and consent of the disaster______4 preparedness commission created pursuant to this article, shall have the5 power to make such rules and regulations as may be necessary and proper6 to effectuate the purposes of this section.7 (b) The [adjutant general] commissioner of the division of homeland___________________________________________8 security and emergency services shall by March fifteenth of each year__________________________________9 report to the governor and the legislature describing the activities and10 operation of the program authorized by this section. Such report shall11 set forth the number of reimbursement applications received and12 approved; the identities of the counties, cities, towns and villages13 receiving reimbursement together with the amount and purpose of the14 reimbursement.15 § 11. The executive law is amended by adding a new section 29-h to16 read as follows:17 § 29-h. Intrastate mutual aid program. 1. Creation. There is hereby______________________________________________________________________18 created the intrastate mutual aid program to complement existing mutual________________________________________________________________________19 aid agreements in the event of a disaster that results in a formal________________________________________________________________________20 declaration of an emergency by a participating local government. All________________________________________________________________________21 local governments within the state, excepting those which affirmatively________________________________________________________________________22 choose not to participate in accordance with subdivision four of this________________________________________________________________________23 section, are deemed to be participants in the program.______________________________________________________24 2. Definitions. As used in this section, the following terms shall______________________________________________________________________25 have the following meanings:____________________________26 a. "Employee" means any person holding a position by election,______________________________________________________________________27 appointment, or employment by a local government, or a volunteer________________________________________________________________________28 expressly authorized to act by a local government;__________________________________________________29 b. "Local government" means any county, city, town or village of the______________________________________________________________________30 state;______31 c. "Local emergency management officer" means the local government______________________________________________________________________32 official responsible for emergency preparedness, response and recovery;_______________________________________________________________________33 d. "Requesting local government" means the local government that asks______________________________________________________________________34 another local government for assistance during a declared emergency, or________________________________________________________________________35 for the purposes of conducting training, or undertaking a drill or exer-________________________________________________________________________36 cise;_____37 e. "Assisting local government" means one or more local governments______________________________________________________________________38 that provide assistance pursuant to a request for assistance from a________________________________________________________________________39 requesting local government during a declared emergency, or for the________________________________________________________________________40 purposes of conducting training, or undertaking a drill or exercise; and________________________________________________________________________41 f. "Volunteer" means an individual, or member of a volunteer organiza-______________________________________________________________________42 tion, who is not a regular employee of the assisting local government________________________________________________________________________43 and who provides emergency or disaster relief services at the request of________________________________________________________________________44 an assisting local government, other than an enrolled member of a volun-________________________________________________________________________45 teer ambulance service as defined in section three thousand one of the________________________________________________________________________46 public health law, or volunteer members of fire companies as defined in________________________________________________________________________47 section sixteen-a of the general city law, section one hundred seventy-________________________________________________________________________48 six-b of the town law, and section 10-1006 of the village law, regard-________________________________________________________________________49 less of whether or not the individual receives compensation from his or________________________________________________________________________50 her regular employer; this includes but is not limited to medical________________________________________________________________________51 reserve corps, community emergency response teams, and county animal________________________________________________________________________52 response teams._______________53 3. Intrastate mutual aid program committee established; meetings;______________________________________________________________________54 powers and duties. a. There is hereby created within the disaster________________________________________________________________________55 preparedness commission an intrastate mutual aid program committee, for________________________________________________________________________56 purposes of this section to be referred to as the committee, which shall________________________________________________________________________

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1 be chaired by the commissioner of the division of homeland security and________________________________________________________________________2 emergency services, and shall include the state fire administrator, the________________________________________________________________________3 commissioner of health, and the commissioner of agriculture and markets,________________________________________________________________________4 provided that each such official may appoint a designee to serve in his________________________________________________________________________5 or her place on the committee. The committee shall also include five________________________________________________________________________6 representatives from local public safety or emergency response agencies,________________________________________________________________________7 who shall serve a maximum two-year term, to be appointed by the commis-________________________________________________________________________8 sioner of the division of homeland security and emergency services, with________________________________________________________________________9 regard to a balance of geographic representation and discipline exper-________________________________________________________________________10 tise._____11 b. The committee, on the call of the chairperson, shall meet at least______________________________________________________________________12 twice each year and at such other times as may be necessary. The agenda________________________________________________________________________13 and meeting place of all regular meetings shall be made available to the________________________________________________________________________14 public in advance of such meetings and all such meetings shall be open________________________________________________________________________15 to the public.______________16 c. The committee shall have the following powers and responsibilities:______________________________________________________________________17 (1) to promulgate rules and regulations, acting through the division______________________________________________________________________18 of homeland security and emergency services, to implement the intrastate________________________________________________________________________19 mutual aid program as described in this section;________________________________________________20 (2) to develop policies, procedures and guidelines associated with the______________________________________________________________________21 program, including a process for the reimbursement of assisting local________________________________________________________________________22 governments by requesting local governments;____________________________________________23 (3) to evaluate the use of the intrastate mutual aid program;_____________________________________________________________24 (4) to examine issues facing participating local governments regarding______________________________________________________________________25 the implementation of the intrastate mutual aid program; and____________________________________________________________26 (5) to prepare reports to the disaster preparedness commission______________________________________________________________________27 discussing the effectiveness of mutual aid in the state and making________________________________________________________________________28 recommendations for improving the efficacy of the system, if appropri-________________________________________________________________________29 ate.____30 4. Local government participation in the intrastate mutual aid______________________________________________________________________31 program. a. A local government may elect not to participate in the________________________________________________________________________32 intrastate mutual aid program, or to withdraw from the program, by its________________________________________________________________________33 governing body enacting a resolution declaring that it elects not to________________________________________________________________________34 participate in the program and providing such resolution to the division________________________________________________________________________35 of homeland security and emergency services. Participation in the________________________________________________________________________36 program will continue until a copy of such resolution is received and________________________________________________________________________37 confirmed by the division of homeland security and emergency services.______________________________________________________________________38 b. A local government that has declined to participate in the program______________________________________________________________________39 may, acting by resolution through its governing body and providing a________________________________________________________________________40 copy of the resolution to the division of homeland security and emergen-________________________________________________________________________41 cy services, elect to participate in the program._________________________________________________42 c. Nothing in this section shall preclude a local government from______________________________________________________________________43 entering into mutual aid agreements with other local governments or________________________________________________________________________44 other entities with terms that supplement or differ from the provisions________________________________________________________________________45 of this section.________________46 d. Nothing in this section shall affect any other agreement to which a______________________________________________________________________47 local government may currently be a party, or later enter into, includ-________________________________________________________________________48 ing, but not limited to, the state fire mobilization and mutual aid________________________________________________________________________49 plan._____50 5. Fire related resources. Notwithstanding the authority vested______________________________________________________________________51 pursuant to this section, all fire related resources shall be adminis-________________________________________________________________________52 tered pursuant to section two hundred nine-e of the general municipal________________________________________________________________________53 law.____54 6. Requesting assistance under the intrastate mutual aid program. a. A______________________________________________________________________55 participating local government may request assistance of other partic-________________________________________________________________________56 ipating local governments in preventing, mitigating, responding to and________________________________________________________________________

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1 recovering from disasters that result in locally-declared emergencies,________________________________________________________________________2 or for the purpose of conducting multi-jurisdictional or regional train-________________________________________________________________________3 ing, drills or exercises. Requests for assistance may be made verbally________________________________________________________________________4 or in writing; verbal requests shall be memorialized in writing as soon________________________________________________________________________5 thereafter as is practicable._____________________________6 b. Once an emergency is declared at the county level, all requests and______________________________________________________________________7 offers for assistance, to the extent practical, shall be made through________________________________________________________________________8 the county emergency management office, or in the case of the city of________________________________________________________________________9 New York, through the city emergency management office. All requests________________________________________________________________________10 for assistance should include:______________________________11 (1) a description of the disaster;__________________________________12 (2) a description of the assistance needed;___________________________________________13 (3) a description of the mission for which assistance is requested;___________________________________________________________________14 (4) an estimate of the length of time the assistance will be needed;____________________________________________________________________15 (5) the specific place and time for staging of the assistance and a______________________________________________________________________16 point of contact at that location; and______________________________________17 (6) any other information that will enable an assisting local govern-______________________________________________________________________18 ment to respond appropriately to the request._____________________________________________19 c. Assisting local governments shall submit to the requesting local______________________________________________________________________20 government an inventory of the resources being deployed.________________________________________________________21 d. The written request for assistance and all inventories of resources______________________________________________________________________22 being deployed shall be submitted to the division of homeland security________________________________________________________________________23 and emergency services within three calendar days of the request for or________________________________________________________________________24 deployment of such resources._____________________________25 7. Performance of services. a. (1) Emergency response personnel of an______________________________________________________________________26 assisting local government shall continue under the administrative________________________________________________________________________27 control of their jurisdiction. However, in all other cases where not________________________________________________________________________28 prohibited by existing statute or other authority, emergency response________________________________________________________________________29 personnel of an assisting local government shall be under the direction________________________________________________________________________30 and control of the appropriate officials within the incident management________________________________________________________________________31 system of the requesting local government;__________________________________________32 (2) Performance by employees of an assisting local government or______________________________________________________________________33 volunteers of services for a requesting local government, pursuant to________________________________________________________________________34 this section, shall have no impact upon whether negotiating unit employ-________________________________________________________________________35 ees represented by an employee organization, recognized or certified________________________________________________________________________36 pursuant to sections two hundred six or two hundred seven of the civil________________________________________________________________________37 service law, exclusively perform such services, as that phrase is used________________________________________________________________________38 by the New York state public employment relations board, on behalf of________________________________________________________________________39 the requesting local government;________________________________40 b. Assets and equipment of an assisting local government shall contin-______________________________________________________________________41 ue under the ownership of the assisting jurisdiction, but shall be under________________________________________________________________________42 the direction and control of the appropriate officials within the inci-________________________________________________________________________43 dent management system of the requesting local government.__________________________________________________________44 8. Division of homeland security and emergency services responsibil-______________________________________________________________________45 ities under the intrastate mutual aid program. The division of homeland________________________________________________________________________46 security and emergency services shall:______________________________________47 a. maintain a current list of participating jurisdictions with their______________________________________________________________________48 authorized representatives and contact information, and provide a copy________________________________________________________________________49 of the list to each of the participating jurisdictions on an annual________________________________________________________________________50 basis during the second quarter of each calendar year;______________________________________________________51 b. monitor and report to the intrastate mutual aid program committee______________________________________________________________________52 on the use of the intrastate mutual aid program;________________________________________________53 c. coordinate the provision of mutual aid resources in accordance with______________________________________________________________________54 the comprehensive emergency management plan and supporting protocols;_____________________________________________________________________55 d. identify mutual aid best practices;______________________________________

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1 e. when practical, provide the committee with statistical information______________________________________________________________________2 related to the use of mutual aid during recent regional disaster________________________________________________________________________3 responses; and______________4 f. assist with the development, implementation and management of a______________________________________________________________________5 state-wide resource typing system.__________________________________6 9. License, certificate and permit portability. a. State certified______________________________________________________________________7 emergency medical services providers who respond outside of their normal________________________________________________________________________8 jurisdiction pursuant to a request for assistance under this program________________________________________________________________________9 shall follow their normal operating protocols as if they were responding________________________________________________________________________10 and rendering services in their home jurisdiction.__________________________________________________11 b. Any other individual deployed through a participating local govern-______________________________________________________________________12 ment who is certified or permitted either locally or regionally when________________________________________________________________________13 responding pursuant to a request for assistance under this program shall________________________________________________________________________14 have the same powers and duties as if they were responding in their home________________________________________________________________________15 jurisdiction._____________16 c. The officers and members of any police department, including a______________________________________________________________________17 sheriff and his or her deputies, while engaged in duty and rendering________________________________________________________________________18 service in a requesting local government that is outside their geograph-________________________________________________________________________19 ical area of employment, shall have the same powers, duties, rights,________________________________________________________________________20 benefits, privileges and immunities as if they were performing their________________________________________________________________________21 duties in the civil or political subdivision in or by which they are________________________________________________________________________22 normally employed.__________________23 10. Reimbursement of assisting jurisdiction by requesting jurisdic-______________________________________________________________________24 tion; resolving disputes regarding reimbursement. a. Any assisting local________________________________________________________________________25 government requesting aid under this program for loss, damage or________________________________________________________________________26 expenses incurred in connection with the provision of aid that seeks________________________________________________________________________27 reimbursement by the requesting local government shall make such request________________________________________________________________________28 in accordance with procedures developed by the intrastate mutual aid________________________________________________________________________29 committee.__________30 b. Where a dispute arises between an assisting local government and a______________________________________________________________________31 requesting local government regarding reimbursement for loss, damages or________________________________________________________________________32 expenses incurred in connection with the provision of aid, the parties________________________________________________________________________33 will make every effort to resolve the dispute within thirty business________________________________________________________________________34 days of written notice of the dispute by the party asserting noncompli-________________________________________________________________________35 ance. In the event that the dispute is not resolved within ninety busi-________________________________________________________________________36 ness days of the notice of the claim, at the request of either party,________________________________________________________________________37 the dispute shall be resolved through arbitration conducted under the________________________________________________________________________38 commercial arbitration rules of the American Arbitration Association._____________________________________________________________________39 11. Liability. a. Each local government is responsible for procuring______________________________________________________________________40 and maintaining insurance or other coverage as it deems appropriate.____________________________________________________________________41 b. All activities performed under the intrastate mutual aid program______________________________________________________________________42 are deemed to be governmental functions, and employees of assisting________________________________________________________________________43 local governments shall be provided the same protections from liability________________________________________________________________________44 as if they were employees of the requesting jurisdiction._________________________________________________________45 c. Employees of an assisting local government responding to or render-______________________________________________________________________46 ing assistance pursuant to a request who sustain injury or death in the________________________________________________________________________47 course of, and arising out of, their response are entitled to all appli-________________________________________________________________________48 cable benefits as if they were responding in their home jurisdiction._____________________________________________________________________49 d. Nothing in this section shall be construed to provide any______________________________________________________________________50 protection against liability, or to create any liability, for an indi-________________________________________________________________________51 vidual who responds to a state of emergency where aid has not been________________________________________________________________________52 requested, or where aid has not been authorized by the individual's________________________________________________________________________53 local government._________________54 12. Obligation of insurers. Nothing in this section shall impair,______________________________________________________________________55 alter, limit or modify the rights or obligations of any insurer under________________________________________________________________________56 any policy of insurance.________________________

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1 § 12. Section 31 of the executive law, as amended by chapter 37 of2 the laws of 1962, subdivision 11 as amended by chapter 827 of the laws3 of 1972 and subdivision 13 as added by chapter 430 of the laws of 1997,4 is amended to read as follows:5 § 31. Divisions. There shall be in the executive department the6 following divisions:7 1. The division of the budget.8 2. The division of military and naval affairs.9 3. The office of general services.10 4. The division of state police.11 5. The division of parole.12 6. The division of housing.13 7. The division of alcoholic beverage control.14 8. [Commission against discrimination] The division of human rights.____________________________15 9. [The division of safety.16 10.] The division of veterans' affairs.17 [11. The office of planning services.18 12. State civil defense commission] 10. The division of homeland secu-__________________________________19 rity and emergency services.___________________________20 [13.] 11. Office for technology.___21 The governor may establish, consolidate, or abolish additional divi-22 sions and bureaus.23 § 13. (a) Findings. The functions of the office for fire prevention24 and control and the state office of emergency management are critical to25 public health and safety, as is the function of the office of homeland26 security. The purpose of this section is to preserve and enhance these27 functions by consolidating these agencies. The goal of consolidation is28 not to reduce the performance of either function, but rather to inte-29 grate them so as to perform them in the most effective possible way.30 (b) Consolidation. The powers, duties and unfinished business of the31 state emergency management office in the executive department and the32 office for fire prevention and control in the department of state are33 transferred to the division of homeland security and emergency services,34 created in article 26 of the executive law and formerly known as the35 office of homeland security. All assets, liabilities and records of the36 state emergency management office and the office for fire prevention and37 control are transferred to the division of emergency response and home-38 land security. For the purpose of succession to functions, powers,39 duties and obligations transferred and assigned to, devolved upon and40 assumed by it pursuant to this act, the division of homeland security41 and emergency services shall be deemed and held to constitute the42 continuation of the state emergency management office, and the office43 for fire prevention and control.44 (c) Transfer of employees. Every officer and employee of the state45 emergency management office and the office of fire prevention and46 control is hereby transferred to the division of homeland security and47 emergency services. For those officers and employees of the state emer-48 gency management office and office for fire prevention and control in49 the unclassified service of the state, the provisions of section 45 of50 the civil service law shall apply.51 (d) Pending actions and proceedings. No action pending as of the52 effective date of this act brought by or against the state office of53 emergency management or the office for fire prevention and control or54 their directors shall be affected by any provision of this act, but the55 same may be prosecuted or defended in the name of the commissioner of

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1 the division of homeland security and emergency services who shall, upon2 application to the court, be substituted as a party.3 (e) Continuation of rules and regulations. All rules, regulations,4 acts, determinations and decisions of the state office of emergency5 management or office for fire prevention and control in force at the6 time of the effective date of this act shall continue in force and7 effect as rules, regulations, acts, determinations and decisions of the8 commissioner of the division of homeland security and emergency services9 until duly modified or abrogated by the commissioner of the division of10 homeland security and emergency services.11 (f) Transfer of appropriations. All appropriations and reappropri-12 ations heretofore made to the state office of emergency management, to13 the extent of remaining unexpended or unencumbered balances thereof,14 whether allocated or unallocated and whether obligated or unobligated,15 shall be transferred to and made available for use and expenditure by16 the division of homeland security and emergency services.17 § 14. The article heading of article 26 of the executive law, as added18 by section 1 of part B of chapter 1 of the laws of 2004, is amended to19 read as follows:20 [STATE OFFICE OF HOMELAND SECURITY]21 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES____________________________________________________22 § 15. Section 709 of the executive law, as added by section 2 of part23 B of chapter 1 of the laws of 2004, paragraph (p) of subdivision 2 as24 amended and paragraph (r) of subdivision 2 as added by chapter 620 of25 the laws of 2005, paragraph (q) of subdivision 2 as separately amended26 by chapters 537 and 620 of the laws of 2005, and paragraph (r) of subdi-27 vision 2 as added by chapter 537 of the laws of 2005, is amended to read28 as follows:29 § 709. [State office of homeland security] Division of homeland secu-__________________________30 rity and emergency services; creation; powers and duties. 1. There is___________________________31 hereby created within the executive department the [office of homeland32 security] division of homeland security and emergency services, which______________________________________________________33 shall have and exercise the powers and duties set forth in this article.34 Any reference to the 'office of public security', the 'office of home-______________________35 land security', the 'state emergency management office', the 'office of________________________________________________________________________36 cyber security' or the 'office for fire prevention and control' in the_________________________________________________________________37 laws of New York state, executive orders, or contracts entered into on38 behalf of the state shall be deemed to refer to the [state office of39 homeland security] division of homeland security and emergency services.____________________________________________________40 2. The [office] division shall have the power and duty to:________41 (a) oversee and coordinate the state's homeland security and compre-____________42 hensive emergency management resources, subject to any laws, rules or______________________________43 regulations governing the budgeting and appropriation of funds;44 (b) review homeland security and comprehensive emergency management_________________________________________45 policies, protocols and strategies of state agencies. The agencies shall46 include, but not be limited to, [the division of state police, division47 of military and naval affairs, state emergency management office,48 department of health, department of environmental conservation, division49 of criminal justice services, department of state, office for technolo-50 gy, and the department of transportation] the state agencies included on______________________________51 the disaster preparedness commission as identified in section twenty-one________________________________________________________________________52 of this chapter;_______________53 (c) develop policies, protocols and strategies, which may be used to54 prevent, detect, respond to and recover from terrorist acts or threats55 and other natural and man-made disasters, which for purposes of this________________________________________________________________________

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1 section shall have the same meaning as defined in article two-B of this________________________________________________________________________2 chapter;_______3 (d) identify potential inadequacies in the state's policies, protocols4 and strategies to detect, respond to and recover from terrorist acts or5 threats and other natural and man-made disasters;________________________________________6 (e) undertake periodic drills and simulations designed to assess and7 prepare responses to terrorist acts or threats and other natural and_____________________8 man-made disasters;__________________9 (f) coordinate state resources for the collection and analysis of10 information relating to terrorist threats and terrorist activities and___11 other natural and man-made disasters throughout the state subject to any____________________________________12 applicable laws, rules, or regulations;13 (g) coordinate and facilitate information sharing among local, state,14 and federal law enforcement agencies to ensure appropriate intelligence15 to assist in the early identification of and response to potential16 terrorist activities and other natural and man-made disasters, subject________________________________________17 to any applicable laws, rules, or regulations governing the release,18 disclosure or sharing of any such information;19 (h) assess the preparedness of state and local public health systems20 to respond to terrorist acts and other natural and man-made disasters,__________________________________________21 including ensuring the availability of early warning systems designed to22 detect potential threats and determining adequacy and availability of23 necessary vaccines and pharmaceuticals and hospital capacity;24 (i) coordinate strategies, protocols and first-responder equipment25 needs that may be used to monitor, detect, respond to and mitigate the26 consequences of a potential biological, chemical or radiological terror-27 ist act or threat;28 (j) work with local, state and federal agencies and private entities29 to conduct assessments of the vulnerability of critical infrastructure30 to terrorist attack and other natural and man-made disasters, including,________________________________________31 but not limited to, nuclear facilities, power plants, telecommunications32 systems, mass transportation systems, public roadways, railways, bridges33 and tunnels, and develop strategies that may be used to protect such34 infrastructure from terrorist attack and other natural and man-made_______________________________35 disasters;_________36 (k) develop plans that may be used to promote rapid recovery from37 terrorist attacks and other natural and man-made disasters, to ensure_________________________________________38 prompt restoration of transportation, utilities, critical communications39 and information systems and to protect such infrastructure;40 (l) develop plans that may be used to contain and remove hazardous41 materials used in a terrorist attack or released as a result of natural__________________________________42 or man-made disaster;____________________43 (m) act as primary contact with the federal department of homeland44 security;45 (n) adopt, promulgate, amend and rescind rules and regulations to46 effectuate the provisions and purposes of this article and the powers47 and duties of the [office] division in connection therewith;________48 (o) consult with appropriate state and local governments, institutions49 of higher learning, first responders, health care providers and private50 entities as necessary to effectuate the provisions of this article, and51 work with those entities to establish, facilitate and foster cooperation52 to better prepare the state to prevent and respond to threats and acts53 of terrorism and other natural and man-made disasters;________________________________________54 (p) to serve as a clearinghouse for the benefit of municipalities55 regarding information relating to available federal, state and regional56 grant programs in connection with homeland security, disaster prepared-

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1 ness, communication infrastructure and emergency first responder2 services, and to promulgate rules and regulations necessary to ensure3 that grant information is timely posted on the [office's] division's__________4 website;5 (q) request from any department, division, office, commission or other6 agency of the state or any political subdivision thereof, and the same7 are authorized to provide, such assistance, services and data as may be8 required by the [office of homeland security] division of homeland secu-__________________________9 rity and emergency services in carrying out the purposes of this arti-_____________________________10 cle, subject to applicable laws, rules, and regulations; [and]11 (r) develop standards and a certification process for training12 programs for training of private security officers in commercial build-13 ings which shall:14 (i) improve observation, detection and reporting skills;15 (ii) improve coordination with local police, fire and emergency16 services;17 (iii) provide and improve skills in working with advanced security18 technology including surveillance and access control procedures;19 (iv) require at least forty hours of training including three hours of20 training devoted to terrorism awareness; and21 (v) have been certified as a qualified program by the [state office of22 homeland security.] division of homeland security and emergency__________________________________________________23 services;_________24 [(r)] (s) work in consultation with or make recommendations to the___25 commissioner of agriculture and markets in developing rules and regu-26 lations relating to ammonium nitrate security[.]; and_____27 (t) develop, maintain, and deploy state, regional and local all-hazard______________________________________________________________________28 incident management teams.__________________________29 3. The division of homeland security and emergency services shall______________________________________________________________________30 consist of several offices including, but not limited to, the office of________________________________________________________________________31 homeland security, which shall have the powers, and be responsible for________________________________________________________________________32 carrying out the duties, including but not limited to those set forth in________________________________________________________________________33 this article; the office of emergency management, which shall have the________________________________________________________________________34 powers, and be responsible for carrying out the duties, including but________________________________________________________________________35 not limited to those set forth in article two-B of this chapter; the________________________________________________________________________36 office of fire prevention and control, which shall have the powers, and________________________________________________________________________37 be responsible for carrying out the duties, including but not limited to________________________________________________________________________38 those set forth in section one hundred fifty-six of this chapter; the________________________________________________________________________39 office of cyber security, which shall have the powers, and be responsi-________________________________________________________________________40 ble for carrying out the duties, including but not limited to those set________________________________________________________________________41 forth in section seven hundred fifteen of this article; and the office________________________________________________________________________42 of interoperable and emergency communications, which shall have the________________________________________________________________________43 powers, and be responsible for carrying out the duties, including but________________________________________________________________________44 not limited to those set forth in section seven hundred seventeen of________________________________________________________________________45 this article._____________46 4. As set forth in section seven hundred ten of this article, the______________________________________________________________________47 commissioner of the division of homeland security and emergency services________________________________________________________________________48 shall be appointed by the governor, with the advice and consent of the________________________________________________________________________49 senate, and hold office at the pleasure of the governor. The directors________________________________________________________________________50 of the offices of homeland security, emergency management, fire________________________________________________________________________51 prevention and control, cyber security, and interoperable and emergency________________________________________________________________________52 communications, and such other offices as may be established, shall be________________________________________________________________________53 appointed by, and hold office at the pleasure of, the governor and they________________________________________________________________________54 shall report to the commissioner of the division of homeland security________________________________________________________________________55 and emergency services except, in case of emergency, shall report to the________________________________________________________________________56 commissioner and to the deputy secretary for public safety.___________________________________________________________

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1 5. The directors of the offices of homeland security, emergency______________________________________________________________________2 management, fire prevention and control, cyber security, interoperable________________________________________________________________________3 and emergency communications, and such other offices as may be estab-________________________________________________________________________4 lished, shall, in consultation with the commissioner, have the authority________________________________________________________________________5 to promulgate rules and regulations to carry out the duties of their________________________________________________________________________6 office, including the establishment of fees necessary to compensate for________________________________________________________________________7 costs associated with the delivery of training and services.____________________________________________________________8 6. The directors of the offices of homeland security, emergency______________________________________________________________________9 management, fire prevention and control, cyber security, interoperable________________________________________________________________________10 and emergency communications, and such other offices as may be estab-________________________________________________________________________11 lished, shall have the authority to enter into contracts with any________________________________________________________________________12 person, firm, corporation, municipality, or government entity.______________________________________________________________13 § 16. Section 710 of the executive law, as added by section 2 of part14 B of chapter 1 of the laws of 2004, is amended to read as follows:15 § 710. [Director of the office of homeland security] Commissioner of________________16 the division of homeland security and emergency services; appointment of________________________________________________________17 the [director] commissioner; powers and duties. 1. The [director of the____________18 office of homeland security (director)] commissioner of the division of________________________________19 homeland security and emergency services (commissioner) shall be_____________________________________________________________20 appointed by the governor, by and with the advice and consent of the21 senate, and hold office at the pleasure of the governor. [The salary of22 the director shall be fixed at a level commensurate with that of the23 state officers identified in paragraph (a) of subdivision one of section24 one hundred sixty-nine of this chapter.]25 2. The [director] commissioner, acting by and through the [office]____________26 division, shall have the power and duty to:________27 (a) administer the duties of the [office] division pursuant to this________28 section;29 (b) administer such other duties as may be devolved upon the [office]30 division from time to time pursuant to law;________31 (c) cooperate with and assist other state and federal departments,32 boards, commissions, agencies and public authorities in the development33 and administration of policies and protocols which will enhance the34 safety and security of the citizens of the state;__________35 (d) enter into contracts with any person, firm, corporation or govern-36 mental agency, and do all things necessary to carry out the functions,37 powers and duties expressly set forth in this article, subject to any38 applicable laws, rules or regulations;39 (e) establish offices, departments and bureaus and make changes there-40 in as he or she may deem necessary to carry out the functions of the41 [office] division. One of the [divisions] units within the [office]________ _____42 division shall be the office of cyber security [and critical infrastruc-________43 ture coordination] which shall be dedicated to the identification and44 mitigation of the state's cyber security infrastructure vulnerabilities;45 [and]46 (f) subject to the provisions of this article and the civil service47 law, and the rules and regulations adopted pursuant thereto, the [direc-48 tor] commissioner may appoint other officers, employees, agents and____________49 consultants as may be necessary, prescribe their duties, fix their50 compensation, and provide for payment of their reasonable expenses, all51 within amounts available therefor by appropriation. The [director]52 commissioner may transfer officers or employees from their positions to____________53 other positions in the [office] commissioner, or abolish or consolidate____________54 such positions[.];_55 (g) notwithstanding any other provision of law to the contrary, accept______________________________________________________________________56 and contract as agent of the state for any gift to support the develop-________________________________________________________________________

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1 ment and training missions of the division of homeland security and________________________________________________________________________2 emergency services.___________________3 § 17. Section 713 of the executive law, as added by chapter 403 of the4 laws of 2003, paragraphs (a) and (b) of subdivision 2 as amended by5 chapter 426 of the laws of 2004, and such section as renumbered by6 section 2 of part B of chapter 1 of the laws of 2004, is amended to read7 as follows:8 § 713. Protection of critical infrastructure including energy generat-9 ing and transmission facilities. 1. Notwithstanding any other provision10 of law, the [director of public security] commissioner of the division______________________________11 of homeland security and emergency services shall conduct a review and_____________________________________________12 analysis of measures being taken by the public service commission and13 any other agency or authority of the state or any political subdivision14 thereof and, to the extent practicable, of any federal entity, to15 protect the security of critical infrastructure related to energy gener-16 ation and transmission located within the state. The [director of public17 security] commissioner of the division of homeland security and emergen-______________________________________________________________18 cy services shall have the authority to review any audits or reports____________19 related to the security of such critical infrastructure, including20 audits or reports conducted at the request of the public service commis-21 sion or any other agency or authority of the state or any political22 subdivision thereof or, to the extent practicable, of any federal enti-23 ty. The owners and operators of such energy generating or transmission24 facilities shall, in compliance with any federal and state requirements25 regarding the dissemination of such information, provide access to the26 [director of public security] commissioner of the division of homeland__________________________________________27 security and emergency services to such audits or reports regarding such_______________________________28 critical infrastructure provided, however, that exclusive custody and29 control of such audits and reports shall remain solely with the owners30 and operators of such energy generating or transmission facilities. For31 the purposes of this article, the term "critical infrastructure" has the32 meaning ascribed to that term in subdivision five of section eighty-six33 of the public officers law.34 2. (a) On or before December thirty-first, two thousand four, and not35 later than three years after such date, and every five years thereafter,36 the [director of public security] commissioner of the division of home-______________________________________37 land security and emergency services shall report to the governor, the______________________________________38 temporary president of the senate, the speaker of the assembly, the39 chairperson of the public service commission and the chief executive of40 any such affected generating or transmission company or his or her41 designee. Such report shall review the security measures being taken42 regarding critical infrastructure related to energy generating and tran-43 smission facilities, assess the effectiveness thereof, and include44 recommendations to the legislature or the public service commission if45 the [director of public security] commissioner of the division of home-______________________________________46 land security and emergency services determines that additional measures____________________________________47 are required to be implemented, considering, among other factors, the48 unique characteristics of each energy generating or transmission facili-49 ty. [On or before April thirtieth, two thousand four, the director of50 public security shall make a preliminary report to the governor, the51 temporary president of the senate, the speaker of the assembly, the52 chairman of the public service commission, and the chief executive of53 any such affected generating or transmission company or his or her54 designee.]55 (b) Before the receipt of such report identified in paragraph (a) of56 this subdivision, each recipient of such report shall develop confiden-

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1 tiality protocols, which shall be binding upon the recipient who issues2 the protocols and anyone to whom the recipient shows a copy of the3 report, in consultation with the [director of public security] commis-_______4 sioner of the division of homeland security and emergency services for____________________________________________________________________5 the maintenance and use of such report so as to ensure the confidential-6 ity of the report and all information contained therein, provided,7 however, that such [protocols shall not be binding upon a person who is8 provided access to such report or any information contained therein9 pursuant to section eighty-nine of the public officers law after a final10 determination that access to such report or any information contained11 therein could not be denied pursuant to subdivision two of section12 eighty-seven] report and any information contained or used in its prepa-__________________________________________________________13 ration shall be exempt and not made available pursuant to article six of_____________________________________________________________________14 the public officers law. The [director of public security] commissioner____________15 of the division of homeland security and emergency services shall also_____________________________________________________________16 develop protocols for his or her office related to the maintenance and17 use of such report so as to ensure the confidentiality of the report and18 all information contained therein. On each report, the [director of19 public security] commissioner of the division of homeland security and_______________________________________________________20 emergency services shall prominently display the following statement:___________________21 "this report may contain information that if disclosed could endanger22 the life or safety of the public, and therefore, pursuant to section23 seven hundred [ten] eleven of the executive law, this report is to be______24 maintained and used in a manner consistent with protocols established to25 preserve the confidentiality of the information contained herein in a26 manner consistent with law".27 (c) Except in the case of federally licensed electric generating28 facilities, the public service commission shall have the discretion to29 require that the recommendations of the [director of public security]30 commissioner of the division of homeland security and emergency services________________________________________________________________________31 be implemented by any owner or operator of an energy generating or tran-32 smission facility. Recommendations regarding federally licensed electric33 generating facilities shall instead only be made available by the34 [director of public security] commissioner of the division of homeland__________________________________________35 security and emergency services to the appropriate federal agency in__________________________________36 compliance with any federal and state requirements regarding the dissem-37 ination of such information.38 3. Any reports prepared pursuant to this article shall not be subject39 to disclosure pursuant to [section] sections eighty-seven and eighty-_________________________40 eight of the public officers law.41 § 18. Section 714 of the executive law, as added by section 1 of part42 C of chapter 1 of the laws of 2004, is amended to read as follows:43 § 714. Protection of critical infrastructure; storage facilities for44 hazardous substances. 1. Notwithstanding any other provision of law and45 subject to the availability of an appropriation, the [director of the46 office of homeland security] commissioner of the division of homeland___________________________________________47 security and emergency services shall conduct a review and analysis of_________________________________48 measures being taken by the owners and operators of facilities identi-49 fied pursuant to paragraph (b) of subdivision two of this section to50 protect the security of critical infrastructure related to such facili-51 ties. The [director of the office of homeland security] commissioner of_______________52 the division of homeland security and emergency services shall have the________________________________________________________53 authority to review all audits or reports related to the security of54 such critical infrastructure, including all such audits or reports55 mandated by state and federal law or regulation, including spill56 prevention reports and risk management plans, audits and reports

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1 conducted at the request of the department of environmental conservation2 or at the request of any federal entity, or any other agency or authori-3 ty of the state or any political subdivision thereof, and reports4 prepared by owners and operators of such facilities as required in this5 subdivision. The owners and operators of such facilities shall, in6 compliance with any federal and state requirements regarding the dissem-7 ination of such information, provide access to the [director of the8 office of homeland security] commissioner of the division of homeland___________________________________________9 security and emergency services to such audits and reports regarding__________________________________10 such critical infrastructure provided, however, exclusive custody and11 control of such audits and reports shall remain solely with the owners12 and operators of such facilities to the extent not inconsistent with any13 other law. For the purposes of this section, the term "critical infras-14 tructure" has the meaning ascribed to that term in subdivision five of15 section eighty-six of the public officers law.16 2. To effectuate his or her duties pursuant to this section and iden-17 tify risks to the public, the [director of the office of homeland secu-18 rity] commissioner of the division of homeland security and emergency__________________________________________________________________19 services shall:________20 (a) within six months of the effective date of this section, in21 consultation with the commissioner of environmental conservation, the22 commissioner of health, and such representatives of the chemical indus-23 try and higher education as may be appropriate, prepare a list that24 identifies toxic or hazardous substances, including but not limited to25 those substances listed as hazardous to public health, safety or the26 environment in regulations promulgated pursuant to article thirty-seven27 of the environmental conservation law, as well as those substances for28 which the state possesses insufficient or limited toxicological informa-29 tion but for which there exists preliminary evidence that the substance30 or the class of chemicals with similar physical and chemical properties31 to which it belongs has the potential to cause death, injury, or serious32 adverse effects to human health or the environment, based on the severi-33 ty of the threat posed to the public by the unauthorized release of such34 substances. Such list will be promulgated in accord with the provisions35 of the state administrative procedure act;36 (b) upon completion of the list required pursuant to paragraph (a) of37 this subdivision, but no later than one hundred twenty days after such38 date, in consultation with the commissioner of environmental conserva-39 tion, the commissioner of health and such representatives of the chemi-40 cal industry and any state, local and municipal officials as may be41 appropriate, identify facilities, including facilities regulated pursu-42 ant to title nine and title eleven of article twenty-seven and article43 forty of the environmental conservation law, but excluding facilities44 that hold liquified petroleum gas for fuel at retail sale as described45 in section 112(1)(4)(B) of the Clean Air Act (42 U.S.C. section46 7412(r)(4)(b)) and those facilities that are defined as "water suppli-47 ers" in subdivision one of section eleven hundred twenty-five of the48 public health law, which because of their storage of or relationship to49 such substances identified pursuant to paragraph (a) of this subdivision50 pose risks to the public should an unauthorized release of such hazard-51 ous substances occur; and52 (c) require such facilities identified pursuant to paragraph (b) of53 this subdivision, as the director so determines, to prepare a vulner-54 ability assessment of the security measures taken by such facilities to55 prevent and respond to the unauthorized release of hazardous substances56 as may be stored therein, which assessments the [director of the office

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1 of homeland security] commissioner of the division of homeland security_________________________________________________2 and emergency services shall review and consider in light of the seri-______________________3 ousness of the risk posed and vulnerability of such facility and, where4 appropriate, make recommendations with respect thereto.5 3. (a) On or before June first, two thousand five, the [director of6 homeland security] commissioner of the division of homeland security and_____________________________________________________7 emergency services shall make a preliminary report to the governor, the__________________8 temporary president of the senate, the speaker of the assembly, the9 commissioner of environmental conservation, the commissioner of health10 and the chief executive officer of any such affected facility or his or11 her designee, and on or before December thirty-first, two thousand five,12 and not later than three years after such date, and every five years13 thereafter, the [director of the office of homeland security] commis-_______14 sioner of the division of homeland security and emergency services shall__________________________________________________________________15 report to the governor, the temporary president of the senate, the16 speaker of the assembly, the commissioner of environmental conservation,17 the commissioner of health and the chief executive officer of any such18 affected facility or his or her designee. Such report shall review the19 security measures being taken regarding critical infrastructure related20 to such facilities, assess the effectiveness thereof, and include recom-21 mendations to the legislature, the department of environmental conserva-22 tion or the department of health if the [director of the office of home-23 land security] commissioner of the division of homeland security and_________________________________________________________24 emergency services determines that additional measures are required to___________________25 be implemented.26 (b) Before the receipt of such report identified in paragraph (a) of27 this subdivision, each recipient of such report shall develop confiden-28 tiality protocols which shall be binding upon the recipient who issues29 the protocols and anyone to whom the recipient shows a copy of the30 report in consultation with the [director of the office of homeland31 security] commissioner of the division of homeland security and emergen-______________________________________________________________32 cy services, for the maintenance and use of such report so as to ensure____________33 the confidentiality of the report and all information contained therein,34 provided, however, that such protocols shall not be binding upon a35 person who is provided access to such report or any information36 contained therein pursuant to section eighty-nine of the public officers37 law after a final determination that access to such report or any infor-38 mation contained therein could not be denied pursuant to subdivision two39 of section eighty-seven of the public officers law. The [director of the40 office of homeland security] commissioner of the division of homeland___________________________________________41 security and emergency services shall also develop protocols for such__________________________________42 office related to the maintenance and use of such report so as to ensure43 the confidentiality of all sensitive information contained in such44 report. On each report, the [director of the office of homeland securi-45 ty] commissioner of the division of homeland security and emergency____________________________________________________________________46 services shall prominently display the following statement: "This report________47 may contain information that if disclosed could endanger the life or48 safety of the public, and therefore, pursuant to section seven hundred49 eleven of the executive law[, as added by a chapter of the laws of two50 thousand four], this report is to be maintained and used in a manner51 consistent with protocols established to preserve the confidentiality of52 the information contained herein in a manner consistent with law."53 (c) The department of environmental conservation shall have the54 discretion to require that recommendations of the [director of the55 office of homeland security] commissioner of the division of homeland________________________________________

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1 security and emergency services be implemented by any owner or operator_______________________________2 of a hazardous substances storage facility as defined in this section.3 § 19. Section 715 of the executive law, as added by chapter 604 of the4 laws of 2007, is amended to read as follows:5 § 715. [Records and data] Office of cyber security. 1. The office of________________________ _____________6 cyber security shall be dedicated to the protection of the state's cyber________________________________________________________________________7 security infrastructure, including, but not limited to, the identifica-________________________________________________________________________8 tion and mitigation of vulnerabilities, deterring and responding to________________________________________________________________________9 cyber events, and promoting cyber security awareness within the state.________________________________________________________________________10 The office shall also be responsible for statewide policies, standards,________________________________________________________________________11 programs, and services relating to cyber security and geographic infor-________________________________________________________________________12 mation systems, including the statewide coordination of geographically________________________________________________________________________13 referenced critical infrastructure information. The director of the________________________________________________________________________14 office shall be the chief cyber security officer of New York state.___________________________________________________________________15 2. The director may request and receive from any department, division,______________________________________________________________________16 board, bureau, commission or other agency of the state or any political________________________________________________________________________17 subdivision thereof or any public authority such assistance, information________________________________________________________________________18 and data as will enable the office properly to carry out its functions,________________________________________________________________________19 powers and duties.__________________20 3. The director of the office [of cyber security and critical infras-__21 tructure coordination] is authorized to maintain, in electronic or paper22 formats, maps, geographic images, geographic data and metadata.23 [2.] 4. The director of the office [of cyber security and critical__24 infrastructure coordination] is authorized to promulgate any rules and25 regulations necessary to implement the provisions of this section.26 § 20. Section 715 of the executive law, as added by chapter 630 of the27 laws of 2007, is amended to read as follows:28 § [715.] 716. Protection of critical infrastructure; commercial____29 aviation, petroleum and natural gas fuel transmission facilities and30 pipelines. 1. Notwithstanding any other provision of law, the [director31 of the office of homeland security] commissioner of the division of___________________________________32 homeland security and emergency services shall conduct a review and____________________________________________33 analysis of measures being taken by any other agency or authority of the34 state or any political subdivision thereof and, to the extent practica-35 ble, of any federal entity, to protect the security of critical infras-36 tructure related to commercial aviation fuel, petroleum and natural gas37 transmission facilities and pipelines in this state which are not38 located upon the premises of a commercial airport. As deemed appropriate39 by such [director] commissioner, the [office of homeland security] divi-____________ _____40 sion of homeland security and emergency services shall have the authori-________________________________________________41 ty to physically inspect the premises and review any audits or reports42 related to the security of such critical infrastructure, including43 audits or reports conducted at the request of any other agency or44 authority of the state or any political subdivision thereof or, to the45 extent practicable, of any federal entity. The operators of such commer-46 cial aviation fuel, petroleum or natural gas transmission facilities and47 pipelines shall, in compliance with any federal and state requirements48 regarding the dissemination of such information, provide access to the49 [director of the office of homeland security] commissioner of the divi-__________________________50 sion of homeland security and emergency services to such audits or______________________________________________________51 reports regarding such critical infrastructure provided, however, that52 exclusive custody and control of such audits and reports shall remain53 solely with the operators of such commercial aviation fuel, petroleum or54 natural gas transmission facilities and pipelines. For the purposes of55 this article, the term "critical infrastructure" has the meaning

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1 ascribed to that term in subdivision five of section eighty-six of the2 public officers law.3 2. (a) On or before December thirty-first, two thousand [eight, and4 not later than three years after such date] eleven, and every five years______5 thereafter, the [director of the office of homeland security] commis-_______6 sioner of the division of homeland security and emergency services shall__________________________________________________________________7 report to the governor, the temporary president of the senate, the8 speaker of the assembly, the public service commission, and the operator9 of any such affected commercial aviation fuel, petroleum or natural gas10 transmission facility or pipeline. Such report shall review the security11 measures being taken regarding critical infrastructure related to12 commercial aviation fuel, petroleum or natural gas transmission facili-13 ties and pipelines, assess the effectiveness thereof, and include recom-14 mendations to the legislature, the public service commission, or the15 operator of a commercial aviation fuel, petroleum or natural gas trans-16 mission facility or pipeline, or any appropriate state or federal regu-17 lating entity or agency if the [director of the office of homeland secu-18 rity] commissioner of the division of homeland security and emergency__________________________________________________________________19 services determines that additional measures are required to be imple-________20 mented, considering among other factors, the unique characteristics of21 each commercial aviation fuel, petroleum or natural gas transmission22 facility or pipeline. [On or before April thirtieth, two thousand eight,23 the director of the office of homeland security shall make a preliminary24 report to the governor, the temporary president of the senate, the25 speaker of the assembly, the public service commission, and the operator26 of any such affected commercial aviation fuel, petroleum or natural gas27 transmission facility or pipeline.]28 (b) Before the receipt of such report identified in paragraph (a) of29 this subdivision, each recipient of such report shall develop confiden-30 tiality protocols, which shall be binding upon the recipient who issues31 the protocols and anyone to whom the recipient shows a copy of the32 report, in consultation with the [director of the office of homeland33 security] commissioner of the division of homeland security and emergen-______________________________________________________________34 cy services for the maintenance and use of such report so as to ensure____________35 the confidentiality of the report and all information contained therein,36 provided, however, that such report and any information contained or37 used in its preparation shall be exempt and not made available pursuant38 to article six of the public officers law. The [director of the office39 of homeland security] commissioner of the division of homeland security_________________________________________________40 and emergency services shall also develop protocols for his or her______________________41 office related to the maintenance and use of such report so as to ensure42 the confidentiality of the report and all information contained therein.43 On each report, the [director of the office of homeland security]44 commissioner of the division of homeland security and emergency services________________________________________________________________________45 shall prominently display the following statement: "this report may46 contain information that if disclosed could endanger the life or safety47 of the public, and therefore, pursuant to section seven hundred [ten]48 eleven of the executive law, this report is to be maintained and used in______49 a manner consistent with protocols established to preserve the confiden-50 tiality of the information contained herein in a manner consistent with51 law".52 (c) The public service commission shall have the discretion to53 require, through regulation or otherwise, that the recommendations of54 the [director of the office of homeland security] commissioner of the_____________________55 division of homeland security and emergency services be implemented at______________________________________________________

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1 an affected commercial aviation fuel, petroleum or natural gas trans-2 mission facility or pipeline.3 (d) The [office of homeland security] division of homeland security_____________________________4 and emergency services shall receive necessary appropriations for the______________________5 performance of its duties pursuant to this section.6 § 21. Paragraph (a) of subdivision 1 of section 169 of the executive7 law, as amended by section 1 of part F of chapter 56 of the laws of8 2005, is amended to read as follows:9 (a) commissioner of correctional services, commissioner of education,10 commissioner of health, commissioner of mental health, commissioner of11 mental retardation and developmental disabilities, commissioner of chil-12 dren and family services, commissioner of temporary and disability13 assistance, chancellor of the state university of New York, commissioner14 of transportation, commissioner of environmental conservation, super-15 intendent of state police, [and] commissioner of general services and___16 commissioner of the division of homeland security and emergency________________________________________________________________________17 services;________18 § 21-a. The executive law is amended by adding a new section 717 to19 read as follows:20 § 717. Office of interoperable and emergency communications. 1. The______________________________________________________________________21 office of interoperable and emergency communications shall be dedicated________________________________________________________________________22 to the development, coordination and implementation of policies, plans,________________________________________________________________________23 standards, programs and services related to interoperable and emergency________________________________________________________________________24 communications. The office shall coordinate with federal, state, local,________________________________________________________________________25 tribal, non-governmental and other appropriate entities.________________________________________________________26 2. The office shall be responsible for coordinating relevant grant______________________________________________________________________27 programs and other funding sources to enhance interoperable and emergen-________________________________________________________________________28 cy communications, as consistent with the mission of the division. The________________________________________________________________________29 director shall make final determinations regarding the distribution of________________________________________________________________________30 grants, in consultation with the board._______________________________________31 3. The director of this office shall serve as the statewide interoper-______________________________________________________________________32 able and emergency communications coordinator.______________________________________________33 4. To ensure appropriate coordination and consultation with relevant______________________________________________________________________34 entities, the director shall be the chairperson of the statewide inter-________________________________________________________________________35 operable and emergency communication board as defined in section three________________________________________________________________________36 hundred twenty-seven of the county law, and whose duties shall include,________________________________________________________________________37 but not be limited to all the duties regularly assigned to the board as________________________________________________________________________38 defined by section three hundred twenty-eight of the county law.________________________________________________________________39 § 22. Subdivision 2 of section 709 of the executive law is amended by40 adding a new paragraph (u) to read as follows:41 (u) Notwithstanding article six-C of this chapter, or any other______________________________________________________________________42 provision of law to the contrary, the division of homeland security and________________________________________________________________________43 emergency services shall establish best practices regarding training and________________________________________________________________________44 education for firefighters and first responders which shall include but________________________________________________________________________45 not be limited to: minimum basic training for firefighters and first________________________________________________________________________46 responders; in-service training and continuing education; and special-________________________________________________________________________47 ized training as it may apply to the specific duties of a category of________________________________________________________________________48 emergency personnel.____________________49 § 23. Section 155 of the executive law, as added by chapter 225 of the50 laws of 1979, is amended to read as follows:51 § 155. Office of fire prevention and control; creation; state fire52 administrator; employees. There is hereby created in the [department of53 state] division of homeland security and emergency services an office of____________________________________________________54 fire prevention and control. The head of such office shall be the state55 fire administrator, who shall be appointed by the [secretary of state]56 governor and shall hold office during the pleasure of the [secretary of________

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1 state] governor. He shall receive an annual salary to be fixed by the________2 [secretary of state] commissioner of the division of homeland security___________________________________________________3 and emergency services within the amount available by appropriation. He_______________________4 shall also be entitled to receive reimbursement for expenses actually5 and necessarily incurred by him in the performance of his duties within6 the amount available by appropriation. [The state fire administrator7 may, from time to time, with the approval of the secretary of state,8 create, abolish, transfer and consolidate divisions, bureaus, and other9 units within the office of fire prevention and control as he may deter-10 mine necessary for the efficient operation of such office. The state11 fire administrator may, with the approval of the secretary of state,12 appoint such deputies, directors and others within the office as he may13 deem necessary to the proper implementation of this article, prescribe14 their duties, fix their compensation and provide for reimbursement of15 their actual and necessary expenses within the amounts available by16 appropriation.]17 § 24. Section 156-c of the executive law is REPEALED.18 § 25. Section 156-f of the executive law, as added by chapter 21 of19 the laws of 2006, is amended to read as follows:20 § 156-f. Evacuation drills. Except as may be otherwise provided in21 rules and regulations promulgated by the [department of state] division________22 of homeland security and emergency services pursuant to article eighteen___________________________________________23 of this chapter, in any building owned or leased in whole by the state24 or any agency thereof, an evacuation drill shall be conducted at least25 twice each year in which all of the occupants of the buildings shall26 participate simultaneously and which shall conduct all such occupants to27 a place of safety. In New York city, the state fire administrator shall28 make rules, regulations and special orders necessary and suitable to29 each situation, as appropriate.30 § 26. Section 156-g of the executive law, as added by chapter 303 of31 the laws of 2007, is amended to read as follows:32 § 156-g. Establishment of teams for urban search and rescue, specialty33 rescue and incident support. 1. Authorization to establish urban search34 and rescue task force teams, specialty rescue teams, and incident35 support teams. The [state fire administrator] commissioner of the divi-__________________________36 sion of homeland security and emergency services after consultation with________________________________________________________________________37 the state fire administrator shall have the authority to establish,_______________________________38 organize, administer, support, train, and fund urban search and rescue39 task force teams, specialty rescue teams, and incident support teams40 created pursuant to this section.41 2. Definitions. For the purposes of this section, the following terms42 shall have the following meanings:43 (a) "urban search and rescue task force team" shall mean a specialized44 team or group of teams, formed pursuant to this section, organized with45 capabilities equivalent to urban search and rescue task force teams46 established under the federal emergency management agency in order to47 assist in the removal of trapped victims in emergency situations includ-48 ing, but not limited to, collapsed structures, trench excavations,49 elevated locations, and other technical rescue situations.50 (b) "specialty rescue team" shall mean a specialized team, formed51 pursuant to this section, organized to provide technical rescue assist-52 ance to first responders including, but not limited to, canine search53 and rescue/disaster response, cave search and rescue, collapse search54 and rescue, mine and tunnel search and rescue, and swift water/flood55 search and rescue teams. Such teams shall be aligned with one or more of

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1 the search and rescue categories within the federal emergency management2 agency's national resource typing system.3 (c) "incident support team" shall mean a team of trained response4 personnel, formed pursuant to this section, organized to provide coordi-5 nation with governmental agencies and non-governmental organizations as6 well as technical, and logistical support to urban search and rescue7 task force teams and specialty rescue teams.8 3. Appointment and training of team members; equipment. (a) The [state9 fire administrator] commissioner of the division of homeland security____________________________________________________10 and emergency services is hereby authorized to appoint members to any________________________11 team created pursuant to this section. Team membership shall consist of12 local emergency response personnel, state agency personnel and specialty13 personnel as required.14 (b) The [state fire administrator] commissioner of the division of_______________________________15 homeland security and emergency services shall be responsible for train-________________________________________16 ing and equipping the teams established pursuant to this section and for17 training such other teams located within the state for response to man-18 made or natural disasters to the extent appropriations are provided.19 The [state fire administrator] commissioner of the division of homeland_________________________________________20 security and emergency services shall support the capabilities of each_________________________________21 team established pursuant to this section with the necessary training22 and equipment to ensure mobilization and deployment for rapid response23 to emergencies and disasters to the extent appropriations are provided.24 4. Accreditation of teams. The [state fire administrator] commissioner____________25 of the division of homeland security and emergency services shall have___________________________________________________________26 the authority to establish an accreditation program to review and evalu-27 ate new and existing local and regional technical rescue capabilities,28 and provide recommendations for capability enhancement in accordance29 with the national incident management system, the national response30 plan, and nationally recognized standards.31 5. Defense, indemnification and insurance coverage of team members.32 Members of the teams formed pursuant to this section who are volunteer33 firefighters, volunteer ambulance workers, municipal or state employees,34 or employees of a non-governmental entity shall be provided coverage by35 their respective municipalities, organizations, and entities for36 purposes of sections seventeen and eighteen of the public officers law37 and/or other defense and indemnification coverage and workers' compen-38 sation coverage pursuant to applicable provisions of the workers'39 compensation law or benefits pursuant to applicable provisions of the40 volunteer firefighters' [benefits] benefit law or the volunteer ambu-_______41 lance workers' benefit law. Individuals appointed to an urban search and42 rescue task force team, a specialty rescue team or an incident support43 team, for which such coverage is not available, shall be deemed volun-44 teer state employees for purposes of section seventeen of the public45 officers law and section three of the workers' compensation law.46 6. Rules and regulations. The [state fire administrator] commissioner____________47 of the division of homeland security and emergency services after________________________________________________________________________48 consultation with the state fire administrator shall have the authority______________________________________________49 to promulgate rules and regulations as deemed necessary relating to the50 accreditation of urban search and rescue task force teams, specialty51 rescue teams, and incident support teams and to the formation and opera-52 tion of all teams established pursuant to this section.53 7. Funding. The [secretary of state and the state fire administrator]54 division of homeland security and emergency services shall expend the____________________________________________________55 necessary monies for training, equipment, and other items necessary to56 support the operations of urban search and rescue task force teams,

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1 specialty rescue teams and incident support teams within appropriations2 provided. The [secretary of state and the state fire administrator]3 division of homeland security and emergency services also may, pursuant_____________________________________________________4 to applicable rules and regulations approved by the director of the5 division of the budget, approve grants of funds from monies allocated6 and appropriated for any or all such teams.7 § 27. Section 157 of the executive law, as added by chapter 225 of the8 laws of 1979, is amended to read as follows:9 § 157. Granting authority. The [office of fire prevention and control,10 by and through the state fire administrator] division of homeland secu-__________________________11 rity and emergency services by and through the commissioner of the divi-________________________________________________________________________12 sion of homeland security and emergency services or his duly authorized________________________________________________13 officers and employees, shall administer, carry out and approve grants14 of funds from moneys allocated and appropriated therefor, for authorized15 arson, fire prevention and control expenditures as defined herein, that16 are conducted by municipal corporations. "Authorized arson, fire17 prevention and control expenditures" shall mean those expenditures18 utilized by a municipal corporation for fire or arson prevention, fire19 or arson investigation and arson prosecution. No expenditure which has20 not been specifically designated by the local legislative body for21 arson, fire prevention and control and approved by the office of fire22 prevention and control pursuant to rules and regulations promulgated23 thereby shall be considered an "authorized arson, fire prevention and24 control expenditure." The [office of fire prevention and control] divi-_____25 sion of homeland security and emergency services shall adopt, amend and________________________________________________26 rescind such rules, regulations and guidelines as may be necessary for27 the performance of its functions, powers and duties under this section.28 The [office of fire prevention and control] division of homeland securi-____________________________29 ty and emergency services shall allocate grants under this article among_________________________30 the municipalities whose applications have been approved in such a31 manner as will most nearly provide an equitable distribution of the32 grants among municipalities, taking into consideration such factors as33 the level of suspected arson activity, population and population densi-34 ty, the need for state funding to carry out local programs, and the35 potential of the municipalities to effectively employ such grants.36 § 28. Section 158 of the executive law is REPEALED and a new section37 158 is added to read as follows:38 § 158. Firefighting and code enforcement training. 1. For the purpose______________________________________________________________________39 of this section, the term fire fighter and code enforcement personnel________________________________________________________________________40 shall mean a member of a fire department whose duties include fire________________________________________________________________________41 service as defined in paragraph d of subdivision eleven of section three________________________________________________________________________42 hundred two of the retirement and social security law or a code enforce-________________________________________________________________________43 ment officer charged with enforcement of building or fire codes.________________________________________________________________44 2. In addition to the functions, powers and duties otherwise provided______________________________________________________________________45 by this article, the state fire administrator may promulgate rules and________________________________________________________________________46 regulations with respect to:____________________________47 (a) The approval, or revocation thereof, of fire and code enforcement______________________________________________________________________48 training programs for fire fighters and code enforcement personnel;___________________________________________________________________49 (b) Minimum courses of study, attendance requirements, and equipment______________________________________________________________________50 and facilities to be required for approved fire and code enforcement________________________________________________________________________51 training programs for fire fighters and code enforcement personnel;___________________________________________________________________52 (c) Minimum qualifications for instructors for approved fire and code______________________________________________________________________53 enforcement training programs for fire fighters and code enforcement________________________________________________________________________54 personnel;__________55 (d) The requirements of minimum basic training which fire fighters and______________________________________________________________________56 code enforcement personnel appointed to probationary terms shall________________________________________________________________________

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1 complete before being eligible for permanent appointment, and the time________________________________________________________________________2 within which such basic training must be completed following such________________________________________________________________________3 appointment to a probationary term;___________________________________4 (e) The requirements of minimum basic training which fire fighters and______________________________________________________________________5 code enforcement personnel not appointed for probationary terms but________________________________________________________________________6 appointed on other than a permanent basis shall complete in order to be________________________________________________________________________7 eligible for continued employment or permanent appointment, and the time________________________________________________________________________8 within which such basic training must be completed following such________________________________________________________________________9 appointment on a non-permanent basis;_____________________________________10 (f) The requirements for in-service training programs designed to______________________________________________________________________11 assist fire fighters and code enforcement personnel in maintaining________________________________________________________________________12 skills and being informed of technological advances;____________________________________________________13 (g) Categories or classifications of advanced in-service training______________________________________________________________________14 programs and minimum courses of study and attendance requirements with________________________________________________________________________15 respect to such categories or classifications;______________________________________________16 (h) Exemptions from particular provisions of this article in the case______________________________________________________________________17 of any county, city, town, village or fire district, if in the opinion________________________________________________________________________18 of the state fire administrator the standards of fire and code enforce-________________________________________________________________________19 ment training established and maintained by such county, city, town,________________________________________________________________________20 village or fire district are equal to or higher than those established________________________________________________________________________21 pursuant to this article; or revocation in whole or in part of such________________________________________________________________________22 exemption, if in his or her opinion the standards of fire and code________________________________________________________________________23 enforcement training established and maintained by such county, city,________________________________________________________________________24 town, village or fire district are lower than those established pursuant________________________________________________________________________25 to this article; and____________________26 (i) Education, health and physical fitness requirements for eligibil-______________________________________________________________________27 ity of persons for provisional or permanent appointment in the compet-________________________________________________________________________28 itive class of the civil service as fire fighters and code enforcement________________________________________________________________________29 personnel as it deems necessary and proper for the efficient performance________________________________________________________________________30 of such duties;_______________31 3. In furtherance of his or her functions, powers and duties as set______________________________________________________________________32 forth in this section, the state fire administrator may:________________________________________________________33 (a) Recommend studies, surveys and reports to be made by the state______________________________________________________________________34 fire administrator regarding the carrying out of the objectives and________________________________________________________________________35 purposes of this section;_________________________36 (b) Visit and inspect any fire and code enforcement training programs______________________________________________________________________37 approved by the state fire administrator or for which application for________________________________________________________________________38 such approval has been made; and________________________________39 (c) Recommend standards for promotion to supervisory positions._______________________________________________________________40 4. In addition to the functions, powers and duties otherwise provided______________________________________________________________________41 by this section, the state fire administrator shall:____________________________________________________42 (a) Approve fire and code enforcement training programs for fire______________________________________________________________________43 fighters and code enforcement personnel and issue certificates of________________________________________________________________________44 approval to such programs, and revoke such approval or certificate;___________________________________________________________________45 (b) Certify, as qualified, instructors for approved fire and code______________________________________________________________________46 enforcement training programs for fire fighters and code enforcement________________________________________________________________________47 personnel and issue appropriate certificates to such instructors;_________________________________________________________________48 (c) Certify fire fighters and code enforcement personnel who have______________________________________________________________________49 satisfactorily completed basic training programs and in-service training________________________________________________________________________50 programs, and issue appropriate certificates to such fire fighters and________________________________________________________________________51 code enforcement personnel;___________________________52 (d) Cause studies and surveys to be made relating to the establish-______________________________________________________________________53 ment, operation, effectiveness and approval of fire and code enforcement________________________________________________________________________54 training programs;__________________

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1 (e) Cause studies and surveys to be made relating to the completion or______________________________________________________________________2 partial completion of training programs by video or computer to the________________________________________________________________________3 maximum extent practicable; and_______________________________4 (f) Consult with and cooperate with the state university of New York______________________________________________________________________5 and private universities, colleges and institutes in the state for the________________________________________________________________________6 development of specialized courses of study for fire fighters and code________________________________________________________________________7 enforcement personnel in fire science, fire administration and code________________________________________________________________________8 enforcement.____________9 § 29. Section 159 of the executive law is REPEALED.10 § 30 Section 159-a of the executive law is REPEALED.11 § 31. Section 159-b of the executive law is REPEALED.12 § 32. Section 159-c of the executive law is REPEALED.13 § 33. Section 159-d of the executive law is REPEALED.14 § 34. Section 580 of the executive law is REPEALED.15 § 35. Section 97-pp of the state finance law, as amended by chapter16 631 of the laws of 1994, subdivisions 4, 5 and 6 as amended by chapter17 72 of the laws of 2006, is amended to read as follows:18 § 97-pp. New York state emergency services revolving loan account. 1.19 There is hereby established within the combined expendable trust20 fund-020 in the custody of the state comptroller a new account to be21 known as the "New York state emergency services revolving loan account".22 2. The account shall consist of all moneys appropriated for its23 purpose, all moneys transferred to such account pursuant to law, and all24 moneys required by this section or any other law to be paid into or25 credited to this account, including all moneys received by the account26 or donated to it, payments of principal and interest on loans made from27 the account, and any interest earnings which may accrue from the invest-28 ment or reinvestment of moneys from the account.29 3. Moneys of the account, when allocated, shall be available to the30 [secretary of state] commissioner of the division of homeland security_________________________________________________31 and emergency services to make loans as provided in this section. Up to______________________32 five percent of the moneys of the account or two hundred fifty thousand33 dollars, whichever is less, may be used to pay the expenses, including34 personal service and maintenance and operation, in connection with the35 administration of such loans.36 4. (a) The [secretary of state] commissioner of the division of home-______________________________________37 land security and emergency services, on recommendation of the [emergen-____________________________________38 cy services loan board] state fire administrator, may make, upon appli-________________________39 cation duly made, up to the amounts available by appropriation, loans40 for:41 (i) Purchasing fire fighting apparatus. A loan for purchasing fire42 fighting apparatus shall not exceed the lesser of two hundred twenty-43 five thousand dollars or seventy-five percent of the cost of the fire44 fighting apparatus; provided, however, that loans issued in response to45 a joint application shall not exceed the lesser of four hundred thousand46 dollars or seventy-five percent of the cost of the fire fighting appara-47 tus.48 (ii) Purchasing ambulances or rescue vehicles. A loan for purchasing49 an ambulance or a rescue vehicle shall not exceed the lesser of one50 hundred fifty thousand dollars or seventy-five percent of the cost of51 the ambulance or rescue vehicle; provided, however, that loans issued in52 response to a joint application shall not exceed the lesser of two53 hundred sixty-five thousand dollars or seventy-five percent of the cost54 of the ambulance or rescue vehicle.55 (iii) Purchasing protective equipment or communication equipment. A56 loan for purchasing protective equipment or communication equipment or

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1 both shall not exceed one hundred thousand dollars. Communication equip-2 ment purchased with such loan shall, to the maximum extent practicable,3 be compatible with the communication equipment of adjacent services and4 jurisdictions; provided, however, that loans issued in response to a5 joint application shall not exceed one hundred sixty-five thousand6 dollars.7 (iv) Repairing or rehabilitating fire fighting apparatus, ambulances,8 or rescue vehicles. A loan for repairing or rehabilitating fire fighting9 apparatus, ambulances, or rescue vehicles shall not exceed the lesser of10 seventy-five thousand dollars or one hundred percent of the cost of the11 repair or rehabilitation; provided, however, that loans issued in12 response to a joint application shall not exceed the lesser of one13 hundred thirty-five thousand dollars or one hundred percent of the cost14 of the repair or rehabilitation.15 (v) Purchasing accessory equipment. A loan for purchasing accessory16 equipment shall not exceed seventy-five thousand dollars; provided,17 however, that loans issued in response to a joint application shall not18 exceed one hundred thirty-five thousand dollars.19 (vi) Renovating, rehabilitating or repairing facilities that house20 firefighting equipment, ambulances, rescue vehicles and related equip-21 ment. A loan for this purpose shall not exceed the lesser of one hundred22 fifty thousand dollars or seventy-five percent of the cost of the23 project; provided, however, that loans issued in response to a joint24 application shall not exceed the lesser of two hundred sixty-five thou-25 sand dollars or seventy-five percent of the cost of the project.26 (vii) Construction costs associated with the establishment of facili-27 ties that house firefighting equipment, ambulances, rescue vehicles and28 related equipment. A loan for this purpose shall not exceed the lesser29 of three hundred thousand dollars or seventy-five percent of the cost of30 the construction, or be used for the payment of fees for design, plan-31 ning, preparation of applications or other costs not directly attribut-32 able to land acquisitions or construction; provided, however, that loans33 issued in response to a joint application shall not exceed the lesser of34 five hundred twenty-five thousand dollars or seventy-five percent of the35 cost of the construction, or be used for the payment of fees for design,36 planning, preparation of applications or other costs not directly37 attributable to land acquisitions or construction.38 (viii) Construction costs associated with the establishment of facili-39 ties for the purpose of live fire training. A loan for this purpose40 shall not be granted if another live fire training facility is located41 within the boundaries of the county or within twenty-five miles. A loan42 for this purpose shall not exceed the lesser of one hundred fifty thou-43 sand dollars or seventy-five percent of the cost of construction,44 provided, however, joint applications shall not exceed the lesser of two45 hundred sixty-five thousand dollars or seventy-five percent of the cost46 of construction or be used for the payment of fees for design, planning,47 preparation of applications or other costs not directly attributable to48 land acquisitions or construction.49 (b) No loan authorized by this section shall have an interest rate50 exceeding two and one-half percent. No applicant shall receive a loan51 for any purpose under paragraph (a) of this subdivision more than once52 in any five-year period; provided, however, that joint applicants may53 receive up to two loans in any five year period. The minimum amount of54 any loan shall be five thousand dollars. The period of any loan shall55 not exceed the period of probable usefulness, prescribed by section56 11.00 of the local finance law, for the emergency equipment to be

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1 purchased with the proceeds of the loan or, if no period be there2 prescribed, five years. The total amount of any interest earned by the3 investment or reinvestment of all or part of the principal of any loan4 made under this section shall be returned to the [secretary of state]5 commissioner of the division of homeland security and emergency services________________________________________________________________________6 for deposit in the account and shall not be credited as payment of prin-7 cipal or interest on the loan. The [secretary of state] commissioner of________________8 the division of homeland security and emergency services may require____________________________________________________________9 security for any loan and may specify the priority of liens against any10 emergency equipment wholly or partially purchased with moneys loaned11 under this section. The [secretary of state] commissioner of the divi-___________________________12 sion of homeland security and emergency services may make loans under___________________________________________________13 this section subject to such other terms and conditions the [secretary]14 commissioner of the division of homeland security and emergency services________________________________________________________________________15 deems proper.16 (c) The [secretary of state] commissioner of the division of homeland________________________________________17 security and emergency services shall have the power to make such rules_______________________________18 and regulations as may be necessary and proper to effectuate the19 purposes of this section.20 (d) The [secretary of state] commissioner of the division of homeland_________________________________________21 security and emergency services shall annually report by March fifteenth_______________________________22 to the governor and the legislature describing the activities and opera-23 tion of the loan program authorized by this section. Such report shall24 set forth the number of loan applications received and approved; the25 number of joint applications received and approved; the names of coun-26 ties, cities, towns, villages and fire districts receiving loans togeth-27 er with the amount and purpose of the loan, the interest rate charged,28 and the outstanding balance; and the balance remaining in the New York29 state emergency services revolving loan account, along with fund reven-30 ues and expenditures for the previous fiscal year, and projected reven-31 ues and expenditures for the current and following fiscal years.32 5. (a) Application for loans may be made by a town, village, city,33 fire district, fire protection district, independent, not-for-profit34 fire and ambulance corporation or county, other than a county wholly35 contained within a city, provided that the application is otherwise36 consistent with its respective powers. Applications may also be submit-37 ted jointly by multiple applicants provided that the application is38 otherwise consistent with each applicant's respective powers.39 (b) Every application shall be in a form acceptable to the [secretary40 of state] commissioner of the division of homeland security and emergen-______________________________________________________________41 cy services. Every application shall accurately reflect the conditions____________42 which give rise to the proposed expenditure and accurately reflect the43 ability of the applicant to make such an expenditure without the44 proceeds of a loan under this section.45 (c) (i) The [emergency services loan board] commissioner of the divi-__________________________46 sion of homeland security and emergency services shall give preference__________________________________________________47 to those applications which demonstrate the greatest need, joint appli-48 cations, and to those applications the proceeds of which will be applied49 toward attaining compliance with federal and state laws and may disap-50 prove any application which contains no adequate demonstration of need51 or which would result in inequitable or inefficient use of the moneys in52 the account.53 (ii) In making determinations on loan applications, the [emergency54 services loan board] commissioner of the division of homeland security___________________________________________________55 and emergency services shall assure that loan fund moneys are equitably_______________________56 distributed among all sectors of the emergency services community and

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1 all geographical areas of the state. Loans for the purpose of personal2 protective firefighting equipment shall be given preference for a period3 of two years from the date the first loan is made. Not less than fifty4 percent of the loans annually made shall be made to applicants whose5 fire protection or ambulance service is provided by a fire department or6 ambulance service whose membership is comprised exclusively of volun-7 teers and whose budget for the fiscal year immediately preceding did not8 exceed one hundred thousand dollars.9 (d) [An application or joint application shall be referred by the10 secretary of state to the emergency services loan board. The board shall11 consist of the following thirteen members: the secretary of state as12 chair, or the secretary's designee, the state fire administrator, five13 members appointed by the governor, two members appointed by the tempo-14 rary president of the senate, two members appointed by the speaker of15 the assembly, one member appointed by the minority leader of the senate,16 and one member appointed by the minority leader of the assembly. Each17 member of the board shall serve at the pleasure of the appointing offi-18 cial. Members of the board shall serve without salary or per diem allow-19 ance, but shall be entitled to reimbursement for actual and necessary20 expenses incurred in the performance of official duties under this21 section, provided, however, that such members are not, at the time such22 expenses are incurred, public employees otherwise entitled to such23 reimbursement. Notwithstanding any inconsistent provisions of law,24 general, special or local, no officer or employee of the state, or poli-25 tical subdivision of the state, any governmental entity operating any26 public school or college or other public agency or instrumentality or27 unit of government which exercises governmental powers under the laws of28 the state, shall forfeit office or employment by reason of acceptance or29 appointment as a member, representative, officer, employee or agent of30 the board nor shall service as such member, representative, officer,31 employee or agent of the board be deemed incompatible or in conflict32 with such office or employment.33 (e)] An application or joint application shall not be approved:34 (i) if the applicant or applicants are in arrears on any prior loan35 under this section,36 (ii) if it shall be shown that at any time in the prior ten years the37 applicant or applicants used state funds to repay all or part of any38 loan made under this section.39 [(f)] (e) The [emergency services loan board] commissioner of the___ ___________________40 division of homeland security and emergency services shall, to the maxi-____________________________________________________41 mum extent feasible, and consistent with the other provisions of this42 section, seek to provide that loans authorized by this section reflect43 an appropriate geographic distribution, are distributed equitably and44 encourage regional cooperation.45 6. For purposes of this section, the following terms shall have the46 accompanying meanings:47 (a) "Fire companies" means (i) a fire company, the members of which48 are firefighters, volunteer, paid or both, of a county, city, town,49 village, fire district or fire department, or (ii) a fire corporation,50 the members of which are firefighters, volunteer, paid or both, provid-51 ing fire protection pursuant to a fire protection contract within a fire52 protection district of a town.53 (b) "Volunteer ambulance service" means an individual, partnership,54 association, corporation, municipality or any legal or public entity or55 subdivision thereof engaged in providing emergency medical services and56 the transportation of sick, disabled or injured persons by motor vehi-

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1 cle, aircraft or other form of transportation to or from facilities2 providing hospital services which is (i) operating not for pecuniary3 profit or financial gain, and (ii) no part of the assets or income of4 which is distributable to, or inures to the benefit of, its members,5 directors or officers.6 (c) "Ambulance" means a motor vehicle designed, appropriately7 equipped, and used for carrying sick or injured persons.8 (d) "Accessory equipment" means equipment necessary to support the9 ordinary functions of fire fighting, emergency medical services, or10 rescue activities other than communication equipment, protective equip-11 ment, and motor vehicles together with their fixtures and appointments.12 (e) "Account" means the New York state emergency services revolving13 loan account established by this section within the combined expendable14 trust fund-020.15 (f) "Communication equipment" means any voice or original transmission16 system or telemetry system used to enhance fire fighter safety on the17 grounds of a fire or other emergency.18 (g) "Emergency equipment" means any or all of the following: ambu-19 lances, accessory equipment, communication equipment, fire fighting20 apparatus, protective equipment, and rescue vehicles.21 (h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-22 ers, ladder trucks, hazardous materials emergency response vehicles, or23 other such specially equipped motor vehicles used for fire protection,24 together with the fixtures and appointments necessary to support their25 functions.26 (i) "Joint application" means an application submitted by two or more27 towns, villages, cities, fire districts, fire protection districts,28 not-for-profit fire and ambulance corporations or counties, other than a29 county wholly contained within a city, for any purposes provided in30 subdivision four of this section.31 (j) "Protective equipment" means any clothing and devices that comply32 with occupational safety and health administration standards (federal33 occupational safety and health act regulations) used to protect person-34 nel who provide emergency services from injury while performing their35 functions, including, but not limited to, helmets, coats, boots, eyesh-36 ields, gloves and self contained respiratory protection devices.37 (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or38 fire fighting apparatus, appropriately equipped and used to support fire39 department operations and includes a vehicle specifically for carrying40 accessory equipment.41 § 36. Section 326 of the county law, as added by section 1 of part G42 of chapter 81 of the laws of 2002, is amended to read as follows:43 § 326. New York state [911] interoperable and emergency communication__________________________________________44 board. The "New York state [911] interoperable and emergency communi-____________________________________45 cation board" is hereby established within the [department of state]______46 division of homeland security and emergency services. The board shall______________________________________________________47 assist local governments, service suppliers, wireless telephone service48 suppliers and appropriate state agencies by facilitating the most effi-49 cient and effective routing of 911 emergency calls; developing minimum50 standards for public safety answering points; promoting the exchange of51 information, including emerging technologies; and encouraging the use of52 best practice standards among the public safety answering point communi-53 ty.54 § 37. Section 328 of the county law is amended by adding a new subdi-55 vision 10 to read as follows:

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1 10. The New York state interoperable and emergency communication board______________________________________________________________________2 shall advise the commissioner of the division of homeland security and________________________________________________________________________3 emergency services on priorities and approval of all interoperable________________________________________________________________________4 expenditures and requests for expenditure of grants and other funding________________________________________________________________________5 programs related to interoperable communications. In carrying out this________________________________________________________________________6 responsibility, and consistent with the mission of the division of home-________________________________________________________________________7 land security and emergency services, the board will provide guidance________________________________________________________________________8 related to the development, coordination and implementation of policies,________________________________________________________________________9 plans, standards, programs and services related to interoperable and________________________________________________________________________10 emergency communications._________________________11 § 38. Section 327 of the county law, as added by section 1 of part G12 of chapter 81 of the laws of 2002, subdivision 5 as amended by section 213 of part Y of chapter 62 of the laws of 2003, is amended to read as14 follows:15 § 327. New York state [911] interoperable and emergency communication__________________________________________16 board membership. 1. The board shall consist of [thirteen] twenty-five___________17 members who shall be selected as follows:18 (a) one shall be the [secretary of state] statewide interoperable and____________________________19 emergency communication coordinator, or his or her designee, who shall_____________________________________20 be the chairperson of the board;21 (b) one shall be the commissioner of criminal justice services, or his22 or her designee;23 (c) [five] one shall be the superintendent of the state police, or his___________________________________________________________24 or her designee;________________25 (d) one shall be the adjutant general of the division of military and______________________________________________________________________26 naval affairs, or his or her designee;______________________________________27 (e) one shall be the commissioner of the division of homeland security______________________________________________________________________28 and emergency services, or his or her designee;_______________________________________________29 (f) one shall be the commissioner of the department of transportation,______________________________________________________________________30 or his or her designee;_______________________31 (g) one shall be the commissioner of the department of health, or his______________________________________________________________________32 or her designee;________________33 (h) one shall be the director of the office for technology, or his or______________________________________________________________________34 her designee;_____________35 (i) seven shall be appointed by the governor; provided, however, that__________36 no more than two such appointments made pursuant to this paragraph shall37 be from the same category of members as provided for in subdivision two38 of this section;39 [(d) three] (j) five shall be appointed by the governor upon the_________40 recommendation of the temporary president of the senate; provided,41 however, that no more than one such appointment made pursuant to this42 paragraph shall be from the same category of members as provided for in43 subdivision two of this section; and44 [(e) three] (k) five shall be appointed by the governor upon the_________45 recommendation of the speaker of the assembly; provided, however, that46 no more than one such appointment made pursuant to this paragraph shall47 be from the same category of members as provided for in subdivision two48 of this section.49 2. The members appointed upon the recommendation of the temporary50 president of the senate and the speaker of the assembly, and the members51 appointed by the governor pursuant to paragraph (c) of subdivision one52 of this section, shall be representative of chiefs of police, sheriffs,53 fire chiefs and departments, ambulance service providers, including54 proprietary or volunteer ambulance services, county 911 coordinators,55 emergency managers, local elected officials, non-governmental organiza-___________________________56 tions specializing in disaster relief, tribal nation representation, and________________________________________________________________________

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1 statewide first responder associations, wireless telephone service__________________________________________2 suppliers, service suppliers or representatives of consumer interests.3 3. Each board member shall be appointed for a term of four years.4 Vacancies in the board occurring otherwise than by expiration of a term5 shall be filled for the unexpired term in the same manner as the6 original appointment. The board shall meet as frequently as it may deem7 necessary and at least four times each year on such dates as agreed upon8 by the board. The board may approve and from time to time amend bylaws9 in relation to its meetings and the transaction of its business. A10 majority of the members of the board then in office shall constitute a11 quorum for the transaction of any business or the exercise of any power12 by the board.13 4. Members of the board shall receive no compensation for their14 services, but shall be reimbursed for actual and necessary expenses15 incurred by them in the performance of their duties. Notwithstanding any16 inconsistent provisions of law, no officer or employee of the state or17 any political subdivision of the state shall forfeit such office or18 employment by reason of acceptance or appointment as a member of the19 board. For purposes of section thirteen of article thirteen of the state20 constitution, membership on the board by a sheriff shall not constitute21 public office.22 5. Article two of the state administrative procedure act shall not23 apply, provided, however, that the board shall publicly post the stand-24 ards proposed pursuant to section three hundred twenty-eight of this25 article no later than forty-five days prior to their adoption. Such26 standards shall be posted in appropriate publications, the state regis-27 ter and on the [department of state's] division of homeland security and_________________________________28 emergency services' website. During such forty-five day period, the___________________29 board shall receive and consider public comment on the proposed stand-30 ards before adopting final standards. Upon final adoption, those stand-31 ards adopted pursuant to section three hundred twenty-eight of this32 article shall be posted in appropriate publications, the state register33 and on the [department of state's] division of homeland security and_________________________________34 emergency services' website.___________________35 6. The board shall be subject to articles six and seven of the public36 officers law.37 § 39. Section 328-a of the county law is REPEALED.38 § 40. Section 328-b of the county law, as added by section 1 of part G39 of chapter 81 of the laws of 2002, is amended to read as follows:40 § 328-b. Powers and duties of the chairperson. 1. The chairperson of41 the board shall coordinate efforts among other executive agencies having42 an interest in the duties of the board, and shall consult with such43 agencies in carrying out the duties of the board.44 2. The chairperson shall receive such assistance as required to carry45 out its duties from staff of the [department of state] division of home-_________________46 land security and emergency services designated for such purposes, as____________________________________47 well as staff members recommended by other state agencies to the chair-48 person.49 3. The board may request and receive from any department, division,50 board, bureau, commission, or other agency of the state or any political51 subdivision thereof such assistance, information, and data as will52 enable the board to properly carry out its functions, powers, and duties53 under this article.54 § 41. Section 331 of the county law is REPEALED.55 § 42. Section 332 of the county law is REPEALED.

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1 § 43. Paragraph (c) of subdivision 6 of section 186-f of the tax law,2 as added by section 3 of part B of chapter 56 of the laws of 2009, is3 amended to read as follows:4 (c) [To fund costs associated with the design, construction, and oper-5 ation of the statewide wireless network annually pursuant to appropri-6 ation by the legislature] Up to the sum of seventy-five million dollars______________________________________________7 annually may be used for the provision of grants or reimbursements to________________________________________________________________________8 counties for the development, consolidation, or operation of public________________________________________________________________________9 safety communications systems or networks designed to support statewide________________________________________________________________________10 interoperable communications for first responders, to be distributed________________________________________________________________________11 pursuant to standards and guidelines issued by the state. Annual grants________________________________________________________________________12 may consider costs borne by a municipality related to the issuance of________________________________________________________________________13 local public safety communications bonds pursuant to section twenty-four________________________________________________________________________14 hundred thirty-two of the public authorities law, when the municipality________________________________________________________________________15 has qualified as an approved participant in a statewide interoperable________________________________________________________________________16 communications system under the standards and guidelines issued by the________________________________________________________________________17 state, and maintains compliance with such standards and guidelines. The________________________________________________________________________18 grant amount will be prescribed pursuant to an agreement with the muni-________________________________________________________________________19 cipality, and may not exceed thirty percent of the annual cost borne by________________________________________________________________________20 the municipality in relation to such bonds;__________________________________________21 § 44. Paragraphs (d) and (e) of subdivision 6 of section 186-f of the22 tax law, as added by section 3 of part B of chapter 56 of the laws of23 2009, are amended and a new paragraph (f) is added to read as follows:24 (d) Not less than the sum of ten million dollars annually must be25 disbursed pursuant to article six-A of the county law and appropriated26 by the legislature; [and]27 (e) To provide the costs of debt service for bonds and notes issued to28 finance expedited deployment funding pursuant to the provisions of29 section three hundred thirty-three of the county law and section sixteen30 hundred eighty-nine-h of the public authorities law[.]; and_____31 (f) services and expenses that support the operations and mission of______________________________________________________________________32 the division of homeland security and emergency services as appropriated________________________________________________________________________33 by the legislature.___________________34 § 45. Section 156-e of the executive law, as added by section 2 of35 part A of chapter 81 of the laws of 2002, is amended to read as follows:36 § 156-e. College fire safety. 1. Notwithstanding the provisions of any37 law to the contrary, the office of fire prevention and control of the_______38 division of homeland security and emergency services, by and through the____________________________________________________39 state fire administrator or their duly authorized officers and employ-40 ees, shall have the responsibility to annually inspect buildings under41 the jurisdiction of public colleges and independent colleges, as these42 terms are defined in section eight hundred seven-b of the education law,43 for compliance with and violations of the uniform fire prevention and44 building code; or any other applicable code, rule or regulation pertain-45 ing to fire safety. Buildings subject to inspection are all buildings46 under the jurisdiction of such colleges used for classroom, dormitory,47 fraternity, sorority, laboratory, physical education, dining, recre-48 ational or other purposes.49 2. a. The office of fire prevention and control shall have the power50 to issue a notice of violation and orders requiring the remedying of any51 condition found to exist in, on or about any such building which52 violates the uniform fire prevention and building code, or any other53 code, rule or regulation pertaining to fire safety, fire safety equip-54 ment and fire safety devices. Such office is further authorized to55 promulgate regulations regarding the issuance of violations, compliance

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1 with orders, and providing for time for compliance, reinspection proce-2 dures, and issuance of certificates of conformance.3 b. Where any college authority in general charge of the operation of4 any public or independent college buildings is served personally or by5 registered or certified mail with an order of the office of fire6 prevention and control to remedy any violation and fails to comply with7 such order immediately or within such other time as specified in the8 order, the office of fire prevention and control may avail itself of any9 or all of the following remedies: (1) assess a civil penalty of up to10 five hundred dollars per day until the violation is corrected; (2) order11 immediate closure of the building, buildings or parts thereof where a12 violation exists that poses an imminent threat to public health and13 safety; (3) exercise all of the authority conferred upon the [secretary14 of state] state fire administrator pursuant to article eighteen of this________________________15 chapter to obtain compliance with its orders; or (4) refer violations to16 the appropriate local government authorities for enforcement pursuant to17 article eighteen of this chapter.18 c. The office of fire prevention and control [by and through the19 secretary of state] is authorized to commence necessary proceedings in a20 court of competent jurisdiction seeking enforcement of any of its orders21 and payment of assessed penalties.22 3. a. Except as provided herein, any county, city, town or village,23 pursuant to resolution of their respective legislative bodies, may apply24 to the office of fire prevention and control for delegation of all or25 part of the duties, rights and powers conferred upon the office of fire26 prevention and control by this section and section eight hundred seven-b27 of the education law. Upon acceptable demonstration of adequate capabil-28 ity, resources and commitment on the part of the applicant local govern-29 ment, the office of fire prevention and control may make such deleg-30 ation, in which case the local government shall also have all of the31 rights, duties and powers provided to local governments in article eigh-32 teen of this chapter and in any city charter or code. The authority33 granted in this section to assess civil penalties, order closure of34 buildings and take action possessed by the [secretary of state] state_____35 fire administrator under article eighteen of this chapter, shall not be__________________36 delegated to the local government. Such powers shall continue in the37 office of fire prevention and control which may exercise them in the38 case of violations, on its own volition or at the request of the delegee39 local government. The delegation shall expire after three years, and may40 be renewed at the discretion of the office of fire prevention and41 control. All inspection reports conducted pursuant to a delegation of42 authority shall be promptly filed with the office of fire prevention and43 control. In the event any such report is not filed or reasonable grounds44 exist to believe that inspections or enforcement are inadequate or inef-45 fective, the office of fire prevention and control may revoke the deleg-46 ation or continue it subject to terms and conditions specified by the47 office of fire prevention and control.48 b. The authorities in a city having a population of one million or49 more shall exercise all of the rights, powers and duties pertaining to50 inspection of independent and public college buildings and enforcement51 provided in this section and section eight hundred seven-b of the educa-52 tion law, without impairing any existing authority of such city. A copy53 of all inspection reports shall be filed with the office of fire54 prevention and control by the authorities conducting inspections.

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1 § 46. Subdivision 2 and paragraph (b) of subdivision 3 of section2 837-o of the executive law, as amended by chapter 689 of the laws of3 2002, are amended to read as follows:4 2. Within ten business days of receipt from the applicant, the chief5 of the fire company shall send the completed search request form to6 either (i) the sheriff's department of the county in which the fire7 company is located, or (ii) the [department of state,] office of fire8 prevention and control, as follows:9 (a) the sheriff's department of the county in which the fire company10 is located shall be responsible for receiving the search requests and11 processing the search requests with the division within ten business12 days of receipt from the chief of the fire company, unless the county13 legislative body adopts and files with the [secretary of state] office______14 of fire prevention and control pursuant to the municipal home rule law a______________________________15 local law providing that the sheriff's department shall not have such16 responsibility;17 (b) in all other instances where a county legislative body has adopted18 a local law pursuant to paragraph (a) of this subdivision, the [depart-19 ment of state,] office of fire prevention and control shall be responsi-20 ble for receiving search requests and forwarding the search requests to21 the division.22 The [department of state,] office of fire prevention and control is23 hereby authorized to establish a communication network with the division24 for the purpose of forwarding search requests and receiving search25 results pursuant to paragraph (b) of this subdivision.26 (b) The results of the search shall be communicated in writing, within27 ten business days of receipt from the division, to the chief of the fire28 company from which the search request originated by either the sheriff's29 department or the [department of state,] office of fire prevention and30 control, and shall be kept confidential by the chief, except as provided31 in paragraph (c) of this subdivision. The results of the search shall32 only state either that: (i) the applicant stands convicted of arson, or33 (ii) the applicant has no record of conviction for arson. The results of34 the search shall not divulge any other information relating to the crim-35 inal history of the applicant.36 § 47. Subdivisions 1 and 2 of section 225-a of the county law, as37 amended by chapter 225 of the laws of 1979, are amended to read as38 follows:39 1. In order to develop and maintain programs for fire training, fire40 service-related activities and mutual aid in cases of fire and other41 emergencies in which the services of firemen would be used and to coop-42 erate with the office of fire prevention and control [in the department43 of state] in furthering such programs, the board of supervisors of any44 county may create a county fire advisory board and may establish the45 office of county fire coordinator.46 2. A county fire advisory board shall consist of not less than five47 nor more than twenty-one members, each of whom shall be appointed by the48 board of supervisors for a term of not to exceed one year, two years or49 three years. Such terms of office need not be the same for all members.50 It shall be the duty of such board to cooperate with the office of fire51 prevention and control [in the department of state] in relation to such52 programs for fire training, fire service-related activities and mutual53 aid; to act as an advisory body to the board of supervisors and to the54 county fire coordinator, if any, in connection with the county partic-55 ipation in such programs for fire training, fire service-related activ-56 ities and mutual aid and in connection with the county establishment and

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1 maintenance of a county fire training school and mutual aid programs in2 cases of fire and other emergencies in which the services of firemen3 would be used; to perform such other duties as the board of supervisors4 may prescribe in relation to fire training, fire service-related activ-5 ities and mutual aid in cases of fire and other emergencies in which the6 services of firemen would be used. The members of such board shall be7 county officers, and shall serve without compensation.8 § 48. Section 399-n of the general business law, as added by chapter9 576 of the laws of 1985, is amended to read as follows:10 § 399-n. Approval of electrical devices. Whenever electrical devices11 or electrical wiring or electrical apparatus are required to be approved12 by underwriters laboratories for fire safety by any statute, law, rule13 or regulation, of the state or any municipality thereof, approval by any14 qualified laboratory or testing organization that tests for fire safety15 in the state of New York will be deemed to be satisfaction of such16 requirement. For the purposes of this section, a qualified laboratory or17 testing organization is one which meets the criteria of (1) the American18 Society for Testing Materials test E548-76, or (2) any rules or regu-19 lations relating thereto that may be promulgated by [the office of fire20 prevention and control of] the department of state.21 § 49. Section 204-d of the general municipal law, as amended by chap-22 ter 583 of the laws of 2006, is amended to read as follows:23 § 204-d. Duties of the fire chief. The fire chief of any fire depart-24 ment or company shall, in addition to any other duties assigned to him25 by law or contract, to the extent reasonably possible determine or cause26 to be determined the cause of each fire or explosion which the fire27 department or company has been called to suppress. He shall file with28 the office of fire prevention and control [of the department of state] a29 report containing such determination and any additional information30 required by such office regarding the fire or explosion. The report31 shall be in the form designated by such office. He shall contact or32 cause to be contacted the appropriate investigatory authority if he has33 reason to believe the fire or explosion is of incendiary or suspicious34 origin. For all fires that are suspected to have been ignited by a ciga-35 rette, within fourteen days after completing the investigation into such36 fire, the fire chief shall forward to [the office of fire prevention and37 control] the department of state information detailing, to the extent_______________________38 possible: (a) the specific brand and style of the cigarette suspected of39 having ignited such fire; (b) whether the cigarette package was marked40 as required by subdivision six of section one hundred fifty-six-c of the41 executive law; and (c) the location and manner in which such cigarette42 was purchased.43 § 50. Subdivisions 1 and 2 of section 209-e of the general municipal44 law, as amended by chapter 225 of the laws of 1979, are amended to read45 as follows:46 1. Plan. The state fire administrator shall prepare a state fire mobi-47 lization and mutual aid plan which may provide for the establishment of48 fire mobilization and mutual aid zones of the state. Upon filing of the49 plan in the office [of the department of state] of fire prevention and______________________50 control such plan shall become the state fire mobilization and mutual_______51 aid plan. Such plan may be amended from time to time in the same manner52 as originally adopted.53 2. Regional fire administrators. The state fire administrator may54 appoint and remove a regional fire administrator for each fire mobiliza-55 tion and mutual aid zone established pursuant to the state fire mobili-56 zation and mutual aid plan. Before he enters on the duties of the

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1 office, each regional fire administrator shall take and subscribe before2 an officer authorized by law to administer oaths the constitutional oath3 of office, which shall be administered and certified by the officer4 taking the same without compensation and shall be filed in the office of5 [the department of state] fire prevention and control.___________________________6 § 51. Subdivision (b) of section 318 of the insurance law is amended7 to read as follows:8 (b) The information contained in such reports shall, in accordance9 with such regulations, be available to law enforcement agencies, to tax10 districts which have, pursuant to the provisions of section twenty-two11 of the general municipal law, filed with the superintendent a notice of12 intention to claim against the proceeds of a policy of fire insurance,13 to the office of fire prevention and control [of the department of14 state,] and to appropriate governmental agencies charged with the15 responsibility for demolition of structures.16 § 52. Section 54-e of the state finance law, as added by chapter 74117 of the laws of 1978, paragraph g of subdivision 1 as amended by chapter18 225 of the laws of 1979, is amended to read as follows:19 § 54-e. State assistance to reimburse municipalities for firefighting20 costs. 1. As used in this section, unless otherwise expressly stated:21 a. "Normal operating expenses" shall mean those costs, losses and22 expenses which are ordinarily associated with the maintenance, adminis-23 tration and day-to-day operations of the fire department of a munici-24 pality. Such expenses shall include, but not be limited to, the ordinary25 wages of firefighters, administrative and other overhead costs, depreci-26 ation, the costs of litigation and the costs of employee's benefits,27 including insurance, disability, death, or health care whether or not28 such costs are incurred as the result of firefighting services rendered29 to property under the jurisdiction of the state of New York.30 b. "Firefighting costs" shall mean those expenses and losses which31 would not have been incurred had not the fire in question taken place.32 Such costs shall include, but not be limited to, salaries for specially33 employed personnel, costs of supplies expended, and the lesser of (1)34 the cost of repairing any destroyed or damaged equipment or (2) the35 value of such equipment immediately preceding the fire. Firefighting36 costs shall not include: normal operating expenses as defined herein,37 any firefighting cost for which the municipality is reimbursed under a38 policy of insurance or any costs associated with false alarms, regard-39 less of cause.40 c. "Claim" shall mean that amount which is equal to those firefighting41 costs incurred by a municipality to the extent that such costs exceed42 the sum of two hundred fifty dollars.43 d. "Fire" shall mean any instance of destructive and uncontrolled44 burning on property under the jurisdiction of the state of New York45 including scorch burns and explosions of combustible dust or solids,46 flammable liquids and gases.47 e. "Municipality" shall mean any county, city, village, town or fire48 district, having a fire department consisting of personnel, apparatus49 and equipment which has as its purpose protecting property and maintain-50 ing the safety and welfare of the public from the dangers of fire, or,51 in the case of a fire protection district or that portion of a town52 outside a village or fire district, a fire company as defined in section53 three of the volunteer [firemen's] firefighters' benefit law. The_____________54 personnel of any such fire department may be paid employees or unpaid55 volunteers or any combination thereof.

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1 f. "Property under the jurisdiction of the state of New York" shall2 mean real property and improvements thereon and appurtenances thereto in3 which the state of New York holds legal fee simple title and further,4 any real property conveyed or made available to the New York state hous-5 ing finance agency or the dormitory authority of the state of New York6 under agreements for the financing and construction of facilities for7 the state university of New York; provided however, with the exception8 of property occupied by the state university of New York, such property9 shall not include leasehold interest; provided further, such property10 shall not include any property for which a municipality receives any11 payments-in-lieu of taxes or any other payments, including real property12 taxes, that are or may be used for providing fire protection to such13 property.14 [g. "Secretary" shall mean the secretary of state or the state fire15 administrator as his designee.]16 2. Any municipality whose fire department has responded to a fire on17 property under the jurisdiction of the state of New York:18 a. shall, within thirty days after such fire, submit a report, on a19 form prescribed by the [secretary of state] office of fire prevention_________________________20 and control, to the [secretary] office of fire prevention and control___________ ________________________________________21 stating the location of such a fire and the firefighting costs incurred22 while fighting such a fire; and23 b. may, within thirty days after such a fire, submit a claim, on a24 form prescribed by the [secretary of state,] office of fire prevention_________________________25 and control to the [secretary] office of fire prevention and control___________ _________________________________________26 pursuant to the provisions of this section.27 3. The [secretary] office of fire prevention and control shall review_____________________________________28 each claim to determine if such claim shall be approved, reduced,29 amended or rejected and shall notify the municipality, within sixty days30 of receipt of such claim, as to his determination. The municipality31 shall notify the [secretary,] office of fire prevention and control__________________________________________32 within thirty days after receipt of the [secretary's] office of fire______________33 prevention and control's notification, as to its acceptance or rejection________________________34 of such determination. Failure to so notify the [secretary] office of__________35 fire prevention and control shall constitute an acceptance of the deter-___________________________36 mination. If accepted by the municipality, such acceptance shall consti-37 tute the final and conclusive determination for such claim. If rejected38 by the municipality, such municipality shall resubmit its claim, within39 thirty days after receipt of the [secretary's] office of fire prevention_________________________40 and control's notification, together with its reasons for objection and______________41 any additional documentation which may justify its claim. Upon receipt42 of a resubmitted claim, the [secretary] office of fire prevention and_____________________________43 control shall review such claim and within sixty days of receipt of such_______44 resubmitted claim, make a final determination as to the amount to be45 approved for such claim. If the municipality shall dispute such final46 determination it may commence an action, within sixty days of such final47 determination, in the court of claims which shall have jurisdiction to48 adjudicate the claim and enter judgment, which judgment shall be a final49 determination for purposes of this section and shall be payable in50 accordance with the provisions of subdivisions four and five of this51 section.52 4. The [secretary] office of fire prevention and control shall certify_____________________________________53 all claims for which a final determination has been made. The [secre-54 tary] office of fire prevention and control shall submit all claims______________________________________55 certified during the preceding year to the comptroller of the department56 of audit and control on or before April first of each year. Any claim

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1 that has been received prior to April first of such year, but for which2 no certification has been made, shall, for purposes of payment, be3 considered as a claim for the year in which such certification is made.4 5. All claims certified by the [secretary] office of fire prevention_________________________5 and control shall be paid annually and shall be paid upon a warrant from___________6 the comptroller from funds appropriated in the local assistance fund. In7 the event such appropriation is insufficient to permit the aggregate8 annual payments authorized under this section, each municipality's9 payment for any claim or claims certified during the preceding year10 shall be decreased proportionally until the total payments are equal to11 the amount appropriated.12 6. The chief fiscal officer of the municipality shall pay the amounts13 received under this section into the fund or funds from which moneys14 were expended to provide the firefighting services for which a15 reimbursement was made under this section.16 7. This section shall not in any way impair, limit or modify the17 rights and obligations of any insurer under any policy of insurance.18 8. The [secretary of state] office of fire prevention and control__________________________________________19 shall annually prepare a report on the effectiveness of this section and20 shall submit such report to the legislature. Such report shall include21 the number and location of any fire on property under the jurisdiction22 of the state of New York, the number of claims and the amount of each23 such claim filed pursuant to this section and further, the total amount24 of all claims filed and the total amount of payments made under the25 provisions of this section. The first such report shall be submitted to26 the legislature on or before June first, nineteen hundred seventy-nine.27 § 53. Subdivisions 4 and 5 of section 99-q of the state finance law,28 as added by chapter 490 of the laws of 2009, are amended to read as29 follows:30 4. Monies shall be payable from the fund on the audit and warrant of31 the comptroller on vouchers approved and certified by the [secretary of32 state upon the recommendation of the office of fire prevention and33 control] state fire administrator.________________________34 5. To the extent practicable, the [secretary of state] state fire___________35 administrator shall ensure that all monies received during a fiscal year_____________36 are expended prior to the end of that fiscal year.37 § 54. Subdivision 1 of section 115-a of the vehicle and traffic law,38 as amended by chapter 225 of the laws of 1979, is amended to read as39 follows:40 1. a vehicle operated by officials of the office of fire prevention41 and control [in the department of state],42 § 55. Subdivision 79 of section 2.10 of the criminal procedure law, as43 added by chapter 241 of the laws of 2004, is amended to read as follows:44 79. Supervisors and members of the arson investigation bureau and fire45 inspection bureau of the [department of state's] office of fire46 prevention and control when acting pursuant to their special duties in47 matters arising under the laws relating to fires, their prevention,48 extinguishment, investigation thereof, and fire perils; provided, howev-49 er, that nothing in this subdivision shall be deemed to authorize such50 employees to carry, possess, repair, or dispose of a firearm unless the51 appropriate license therefor has been issued pursuant to section 400.0052 of the penal law.53 § 56. The executive law is amended by adding a new section 100-c to54 read as follows:55 § 100-c. Fire safety standards for cigarettes. 1. Definitions. As______________________________________________________________________56 used in this section, a. "Cigarette" shall mean any roll for smoking________________________________________________________________________

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1 made wholly or in part of tobacco or of any other substance, irrespec-________________________________________________________________________2 tive of size or shape and whether or not such tobacco or substance is________________________________________________________________________3 flavored, adulterated or mixed with any other ingredient, the wrapper or________________________________________________________________________4 cover of which is made of paper or any other substance or material________________________________________________________________________5 except tobacco._______________6 b. "Sell" shall mean to sell, or to offer or agree to do the same.__________________________________________________________________7 2. a. Within two years after the effective date of this section, the______________________________________________________________________8 department of state shall promulgate fire safety standards for ciga-________________________________________________________________________9 rettes sold or offered for sale in this state. Such standards shall take________________________________________________________________________10 effect as provided in subdivision four of this section and shall insure________________________________________________________________________11 either:_______12 (1) that such cigarettes, if ignited, will stop burning within a time______________________________________________________________________13 period specified by the standards if the cigarettes are not smoked________________________________________________________________________14 during that period; or______________________15 (2) that such cigarettes meet performance standards prescribed by the______________________________________________________________________16 department of state to limit the risk that such cigarettes will ignite________________________________________________________________________17 upholstered furniture, mattresses or other household furnishings._________________________________________________________________18 b. In promulgating fire safety standards for cigarettes pursuant to______________________________________________________________________19 this section, the department of state, in consultation with the depart-________________________________________________________________________20 ment of health, shall consider whether cigarettes manufactured in________________________________________________________________________21 accordance with such standards may reasonably result in increased health________________________________________________________________________22 risks to consumers.___________________23 c. The department of state shall be responsible for administering the______________________________________________________________________24 provisions of this section.___________________________25 d. The department of state shall report to the governor and the legis-______________________________________________________________________26 lature no later than eighteen months after the effective date of this________________________________________________________________________27 section on the status of its work in promulgating the fire safety stand-________________________________________________________________________28 ards required by this subdivision.__________________________________29 e. When a cigarette is suspected of having ignited a fire, and the______________________________________________________________________30 department of state receives information regarding the brand and style________________________________________________________________________31 of such cigarette pursuant to section two hundred four-d or section________________________________________________________________________32 ninety-one-a of the general municipal law, and where such brand and________________________________________________________________________33 style had been previously certified pursuant to subdivision three of________________________________________________________________________34 this section and the package has been marked as required by subdivision________________________________________________________________________35 six of this section, the department of state shall conduct random test-________________________________________________________________________36 ing on cigarettes of the same brand and style in order to determine________________________________________________________________________37 whether such cigarettes meet the fire safety standards mandated by this________________________________________________________________________38 section; provided however that such testing shall not be required if the________________________________________________________________________39 department of state has tested such brand and style within the preceding________________________________________________________________________40 three months._____________41 3. On and after the date the fire safety standards take effect in______________________________________________________________________42 accordance with subdivision four of this section, no cigarettes shall be________________________________________________________________________43 sold or offered for sale in this state unless the manufacturer thereof________________________________________________________________________44 has certified in writing to the department of state that such cigarettes________________________________________________________________________45 meet the performance standards prescribed by the department of state________________________________________________________________________46 pursuant to subdivision two of this section.____________________________________________47 a. Such certifications must be based upon testing conducted by a labo-______________________________________________________________________48 ratory that has been accredited pursuant to Standard ISO/IEC 17025 of________________________________________________________________________49 the international organization for standardization, or such other compa-________________________________________________________________________50 rable accreditation standard as the department of state shall require by________________________________________________________________________51 regulation.___________52 b. Such certification shall be signed by an officer of the manufactur-______________________________________________________________________53 er and shall contain for each cigarette brand style such information as________________________________________________________________________54 shall be deemed necessary by the department of state, including but not________________________________________________________________________55 limited to: (i) the brand and style; (ii) length in millimeters; (iii)________________________________________________________________________56 circumference in millimeters; (iv) flavor, if applicable; (v) filter or________________________________________________________________________

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1 non-filter; (vi) package description; (vii) the name, address and tele-________________________________________________________________________2 phone number of the laboratory, if different than the manufacturer that________________________________________________________________________3 conducted the test; (viii) the date that the testing occurred; and (ix)________________________________________________________________________4 a notarized statement from an officer or director of the laboratory________________________________________________________________________5 certifying that the cigarette meets the performance standards prescribed________________________________________________________________________6 by the department of state.___________________________7 c. If a manufacturer has certified a cigarette pursuant to this subdi-______________________________________________________________________8 vision, and thereafter makes any change to such cigarette that is likely________________________________________________________________________9 to alter its compliance with the fire safety standards mandated by this________________________________________________________________________10 section, then before such cigarette may be sold or offered for sale in________________________________________________________________________11 this state such manufacturer shall retest such cigarette in accordance________________________________________________________________________12 with the testing standards prescribed by the department of state and________________________________________________________________________13 maintain records of such retesting as required by subdivision seven of________________________________________________________________________14 this section. Any such altered cigarette which does not meet the________________________________________________________________________15 performance standard prescribed by the department of state may not be________________________________________________________________________16 sold in the state. Copies of such written certifications shall be________________________________________________________________________17 provided by the certifying manufacturer to all wholesale dealers, as________________________________________________________________________18 defined in subdivision eight of section four hundred seventy of the tax________________________________________________________________________19 law, and all agents, as defined in subdivision eleven of section four________________________________________________________________________20 hundred seventy of the tax law. The department of state shall prescribe________________________________________________________________________21 procedures by which stamping agents, wholesale dealers or retail dealers________________________________________________________________________22 are notified of which cigarettes have been certified by manufacturers as________________________________________________________________________23 meeting the performance standards prescribed by the department of state,________________________________________________________________________24 which may include the maintenance of a website listing certified ciga-________________________________________________________________________25 rette brands and styles.________________________26 4. The fire safety standards required pursuant to subdivision two of______________________________________________________________________27 this section shall take effect on such date as the department of state________________________________________________________________________28 shall specify in promulgating such standards and such date shall be the________________________________________________________________________29 earliest practicable date by which manufacturers of cigarettes can________________________________________________________________________30 comply with such standards; provided, however, that such date shall not________________________________________________________________________31 be later than one hundred eighty days after such standards are promul-________________________________________________________________________32 gated. On and after such date, no person or entity shall sell in this________________________________________________________________________33 state cigarettes that have not been certified by the manufacturer in________________________________________________________________________34 accordance with subdivision three of this section or that have not been________________________________________________________________________35 marked in the manner required by subdivision six of this section;________________________________________________________________________36 provided, however, that nothing in this subdivision shall be construed________________________________________________________________________37 to prohibit any person or entity from selling or offering for sale ciga-________________________________________________________________________38 rettes that have not been certified by the manufacturer in accordance________________________________________________________________________39 with subdivision three of this section and have not been marked in the________________________________________________________________________40 manner required by subdivision six of this section if such cigarettes________________________________________________________________________41 are or will be stamped for sale in another state or are packaged for________________________________________________________________________42 sale outside the United States._______________________________43 5. a. Any wholesale dealer, as defined in subdivision eight of section______________________________________________________________________44 four hundred seventy of the tax law, or any agent, as defined in subdi-________________________________________________________________________45 vision eleven of section four hundred seventy of the tax law, or any________________________________________________________________________46 other person or entity who knowingly sells or offers to sell cigarettes________________________________________________________________________47 in violation of subdivision four of this section shall be subject to a________________________________________________________________________48 civil penalty not to exceed one hundred dollars for each pack of such________________________________________________________________________49 cigarettes sold or offered for sale provided that in no case shall the________________________________________________________________________50 penalty against any wholesale dealer exceed one hundred thousand dollars________________________________________________________________________51 for sales or offers to sell during any thirty day period. Any retail________________________________________________________________________52 dealer, as defined in subdivision nine of section four hundred seventy________________________________________________________________________53 of the tax law, who knowingly sells or offers to sell cigarettes in________________________________________________________________________54 violation of subdivision four of this section shall be subject to a________________________________________________________________________55 civil penalty not to exceed one hundred dollars for each pack of such________________________________________________________________________56 cigarettes sold or offered for sale, provided that in no case shall the________________________________________________________________________

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1 penalty against any retail dealer exceed twenty-five thousand dollars________________________________________________________________________2 for sales or offers to sell during any thirty day period. Any person________________________________________________________________________3 engaged in the business of selling cigarettes in or for shipment into________________________________________________________________________4 New York who possesses cigarettes that have not been certified or marked________________________________________________________________________5 in accordance with the requirements of this section shall be deemed to________________________________________________________________________6 be offering such cigarettes for sale in New York. An agent licensed in________________________________________________________________________7 more than one state may rebut such presumption by establishing: (i) that________________________________________________________________________8 such cigarettes have been physically segregated from cigarettes offered________________________________________________________________________9 for sale in New York; and (ii) no New York tax stamps have been placed________________________________________________________________________10 on any cigarettes that have not been certified or marked in accordance________________________________________________________________________11 with this section. In addition to any penalties imposed by this section________________________________________________________________________12 the commissioner of taxation and finance, after an opportunity for a________________________________________________________________________13 hearing has been afforded pursuant to subdivision five of section four________________________________________________________________________14 hundred eighty of the tax law, shall suspend for six months the license________________________________________________________________________15 of any agent issued pursuant to section four hundred seventy-two of the________________________________________________________________________16 tax law, the license of any wholesale dealer issued pursuant to section________________________________________________________________________17 four hundred eighty of the tax law, or the registration of any retail________________________________________________________________________18 dealer issued pursuant to section four hundred eighty-a of the tax law,________________________________________________________________________19 when such agent, wholesale dealer or retail dealer violates this section________________________________________________________________________20 three or more times within a three year period, provided such violations________________________________________________________________________21 occurred on at least three separate calendar days.__________________________________________________22 b. In addition to any penalty prescribed by law, any corporation,______________________________________________________________________23 partnership, sole proprietor, limited partnership, association or any________________________________________________________________________24 other business entity engaged in the manufacture of cigarettes that________________________________________________________________________25 knowingly makes a false certification pursuant to subdivision three of________________________________________________________________________26 this section shall be subject to a civil penalty of at least seventy-________________________________________________________________________27 five thousand dollars and not to exceed two hundred fifty thousand________________________________________________________________________28 dollars for each such false certification, and any entity that fails to________________________________________________________________________29 pay a civil penalty imposed pursuant to this paragraph within thirty________________________________________________________________________30 days after such penalty is imposed, shall be subject to a bar from sell-________________________________________________________________________31 ing cigarettes covered by that false certification in this state until________________________________________________________________________32 the state receives full payment of such penalty.________________________________________________33 c. There is hereby established in the custody of the state comptroller______________________________________________________________________34 a special fund to be known as the "cigarette fire safety act fund". Such________________________________________________________________________35 fund shall consist of all moneys recovered from the assessment of civil________________________________________________________________________36 penalties authorized by this subdivision. Such monies shall be deposit-________________________________________________________________________37 ed to the credit of the fund and shall, in addition to any other moneys________________________________________________________________________38 made available for such purpose, be available to the department of state________________________________________________________________________39 for the purpose of fire safety and prevention programs. All payments________________________________________________________________________40 from the cigarette fire safety act fund shall be made on the audit and________________________________________________________________________41 warrant of the state comptroller on vouchers certified and submitted by________________________________________________________________________42 the state fire administrator._____________________________43 6. No cigarettes shall be distributed, sold or offered for sale in______________________________________________________________________44 this state unless the manufacturer has placed on each individual package________________________________________________________________________45 the letters "FSC" which signifies fire standards compliant. Such letters________________________________________________________________________46 shall appear in eight point type and be permanently printed, stamped,________________________________________________________________________47 engraved or embossed on the package at or near the UPC code, if present.________________________________________________________________________48 Any package containing such symbol is deemed to be in compliance with________________________________________________________________________49 the department of state regulations set forth in 19 NYCRR 429.8.________________________________________________________________50 7. a. Each manufacturer shall maintain copies of the reports of all______________________________________________________________________51 tests conducted on all cigarettes for a period of three years, and shall________________________________________________________________________52 make copies of such reports available to the department of state and the________________________________________________________________________53 attorney general upon written request; provided, however, that any________________________________________________________________________54 manufacturer that fails to make copies of such reports available within________________________________________________________________________55 sixty days of receiving such a written request shall be subject to a________________________________________________________________________56 civil penalty not to exceed ten thousand dollars for each day after the________________________________________________________________________

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1 sixtieth day that such manufacturer does not make such copies available________________________________________________________________________2 and shall be subject to a bar from selling or offering to sell ciga-________________________________________________________________________3 rettes in New York until such copies are made available.________________________________________________________4 b. Testing performed or sponsored by the department of state in order______________________________________________________________________5 to determine a cigarette's compliance with the fire safety standards________________________________________________________________________6 mandated by this section shall be conducted (i) in accordance with the________________________________________________________________________7 requirements applicable to manufacturers pursuant to the regulations of________________________________________________________________________8 the department of state, and (ii) by a laboratory that has been accred-________________________________________________________________________9 ited pursuant to standard ISO/IEC 17025 of the international organiza-________________________________________________________________________10 tion for standardization or such other comparable accreditation standard________________________________________________________________________11 as the department of state shall require by regulation._______________________________________________________12 8. a. To enforce the provisions of this section, the commissioner of______________________________________________________________________13 taxation and finance and the secretary of state may take administrative________________________________________________________________________14 action imposing the civil penalties and suspensions authorized by subdi-________________________________________________________________________15 vision five of this section. In addition, the attorney general may bring________________________________________________________________________16 an action on behalf of the people of the state of New York to enjoin________________________________________________________________________17 acts in violation of this section and to recover any civil penalties________________________________________________________________________18 unless civil penalties have been previously recovered in such adminis-________________________________________________________________________19 trative proceedings.____________________20 b. Any enforcement officer as defined in section thirteen hundred______________________________________________________________________21 ninety-nine-t of the public health law shall have the power to impose________________________________________________________________________22 upon any retail dealer the civil penalties authorized by subdivision________________________________________________________________________23 five of this section, following a hearing conducted in the same manner________________________________________________________________________24 as hearings conducted under article thirteen-E of the public health law.________________________________________________________________________25 c. To enforce the provisions of this section, the commissioner of______________________________________________________________________26 taxation and finance and the secretary of state, or their duly author-________________________________________________________________________27 ized representatives, are hereby authorized to examine the books,________________________________________________________________________28 papers, invoices and other records of any person in possession, control________________________________________________________________________29 or occupancy of any premises where cigarettes are placed, stored, sold________________________________________________________________________30 or offered for sale, as well as the stock of cigarettes in any such________________________________________________________________________31 premises. Every person in the possession, control or occupancy of any________________________________________________________________________32 premises where cigarettes are placed, sold or offered for sale, is here-________________________________________________________________________33 by directed and required to give the commissioner of taxation and________________________________________________________________________34 finance and the secretary of state, and their duly authorized represen-________________________________________________________________________35 tatives, the means, facilities and opportunity for such examinations as________________________________________________________________________36 are herein provided for and required._____________________________________37 d. Whenever any police officer designated in section 1.20 of the crim-______________________________________________________________________38 inal procedure law shall discover any cigarettes which have not been________________________________________________________________________39 marked in the manner required by subdivision six of this section, such________________________________________________________________________40 officer is hereby authorized and empowered to seize and take possession________________________________________________________________________41 of such cigarettes. Such seized cigarettes shall be turned over to the________________________________________________________________________42 commissioner of taxation and finance, and shall be forfeited to the________________________________________________________________________43 state. Cigarettes seized pursuant to this section shall be destroyed._____________________________________________________________________44 e. The secretary of state and the commissioner of taxation and finance______________________________________________________________________45 are hereby authorized and directed to promulgate such regulations as are________________________________________________________________________46 deemed necessary to implement the provisions of this section._____________________________________________________________47 § 57. Subdivision 2 of section 91-a of the general municipal law, as48 added by chapter 583 of the laws of 2006, is amended to read as follows:49 2. Where an investigative unit formed by this section has investigated50 a fire and such fire is suspected to have been ignited by a cigarette51 and not caused by arson, the investigative unit shall forward to the52 office of fire prevention and control and the secretary of state within__________________________53 fourteen days of completing the investigation into such fire information54 detailing, to the extent possible: (a) the specific brand and style of55 the cigarette suspected of having ignited such fire; (b) whether the56 cigarette package was marked as required by subdivision six of section

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1 [one hundred fifty-six-c] one hundred-c of the executive law; and (c)_____________2 the location and manner in which such cigarette was purchased.3 § 58. Section 204-d of the general municipal law, as amended by chap-4 ter 583 of the laws of 2006, is amended to read as follows:5 § 204-d. Duties of the fire chief. The fire chief of any fire depart-6 ment or company shall, in addition to any other duties assigned to him7 by law or contract, to the extent reasonably possible determine or cause8 to be determined the cause of each fire or explosion which the fire9 department or company has been called to suppress. He shall file with10 the office of fire prevention and control [of the department of state] a11 report containing such determination and any additional information12 required by such office regarding the fire or explosion. The report13 shall be in the form designated by such office. He shall contact or14 cause to be contacted the appropriate investigatory authority if he has15 reason to believe the fire or explosion is of incendiary or suspicious16 origin. For all fires that are suspected to have been ignited by a ciga-17 rette, within fourteen days after completing the investigation into such18 fire, the fire chief shall forward to the office of fire prevention and19 control information detailing, to the extent possible: (a) the specific20 brand and style of the cigarette suspected of having ignited such fire;21 (b) whether the cigarette package was marked as required by subdivision22 six of section [one hundred fifty-six-c] one hundred-c of the executive_____________23 law; and (c) the location and manner in which such cigarette was24 purchased.25 § 59. Subdivision 2-a of section 480-b of the tax law, as amended by26 section 2 of part MM-1 of chapter 57 of the laws of 2008, is amended to27 read as follows:28 2-a. An agent may not affix, or cause to be affixed, a New York state29 cigarette tax stamp to a package of cigarettes unless: (a) the ciga-30 rettes have been certified by the manufacturer if certification is31 required under subdivision three of section [one hundred fifty-six-c]32 one hundred-c of the executive law; and (b) the package has been marked______________33 in such manner as may be required by subdivision six of section [one34 hundred fifty-six-c] one hundred-c of the executive law._____________35 § 60. This act shall take effect on April 1, 2010; provided however36 that section eleven of this act shall take effect one year after it37 shall have become a law; and provided further that sections forty-one38 and forty-two of this act shall take effect on April 1, 2010 so long as39 nothing in this act may adversely affect any state agency from distrib-40 uting funds to political subdivisions of the state in a like manner as41 the year prior; provided, however, that if anything in this act adverse-42 ly affects any state agency from distributing funds to political subdi-43 visions of this state in a like manner as the year prior then sections44 forty-one and forty-two of this act shall take effect upon the cessation45 of such adverse affects, provided that the director of the division of46 the budget shall notify the legislative bill drafting commission upon47 the cessation of such adverse affects provided for in this section in48 order that the commission may maintain an accurate and timely effective49 data base of the official text of the laws of the state of New York in50 furtherance of effectuating the provisions of section 44 of the legisla-51 tive law and section 70-b of the public officers law; provided however52 that section fifty-three of this act shall take effect on the same date53 and in the same manner as section 3 of chapter 490 of the laws of 2009,54 takes effect; and provided further that agencies are hereby authorized55 to promulgate and establish any rules and regulations that are necessary56 for the implementation of this act on its effective date.

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1 PART C

2 Section 1. Section 837 of the executive law is amended by adding a new3 subdivision 19 to read as follows:4 19. (a) Promulgate rules and regulations which establish:_________________________________________________________5 (i) procedures to review and approve rape crisis programs that provide______________________________________________________________________6 training to rape crisis counselors as defined in section forty-five________________________________________________________________________7 hundred ten of the civil practice law and rules;________________________________________________8 (ii) minimum training standards for rape crisis counselors;___________________________________________________________9 (iii) procedures to enable approved rape crisis programs to certify______________________________________________________________________10 current and future rape crisis counselors, including volunteer counse-________________________________________________________________________11 lors, provided such rape crisis counselors have met the minimum training________________________________________________________________________12 standards as set forth in this subdivision; and_______________________________________________13 (iv) procedures to periodically review approved training programs to______________________________________________________________________14 assure they continue to satisfy established standards.______________________________________________________15 (b) Rape crisis programs approved by the division shall provide train-______________________________________________________________________16 ing programs consisting of at least thirty hours of pre-service training________________________________________________________________________17 and within the first year of service at least ten hours of in-service________________________________________________________________________18 training for rape crisis counselors. This training shall include but not________________________________________________________________________19 be limited to, instruction on the following:____________________________________________20 (i) the dynamics of sexual offenses, sexual abuses or incest;_____________________________________________________________21 (ii) crisis intervention techniques;____________________________________22 (iii) client-counselor confidentiality requirements;____________________________________________________23 (iv) communication skills and intervention techniques;______________________________________________________24 (v) an overview of the state criminal justice system;_____________________________________________________25 (vi) an update and review of state laws on sexual offenses, sexual______________________________________________________________________26 abuse or incest;________________27 (vii) the availability of state and community resources for clients;____________________________________________________________________28 (viii) working with a diverse population;_________________________________________29 (ix) an overview of child abuse and maltreatment identification and______________________________________________________________________30 reporting responsibilities; and_______________________________31 (x) information on the availability of medical and legal assistance______________________________________________________________________32 for such clients._________________33 (c) The division shall provide technical assistance to approved rape______________________________________________________________________34 crisis programs to implement training programs in accordance with the________________________________________________________________________35 minimum standards set forth in this subdivision.________________________________________________36 § 2. The executive law is amended by adding a new article 36-B to read37 as follows:38 ARTICLE 36-B____________39 RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM_______________________________________________40 Section 846-n. Short title.___________________________41 846-o. Definitions.___________________42 846-p. Authorization of programs._________________________________43 846-q. Technical assistance.____________________________44 846-r. Evaluation and reports.______________________________45 846-s. Assistance of other agencies.____________________________________46 § 846-n. Short title. This article shall be known and may be cited as______________________________________________________________________47 the "rape crisis intervention and prevention act".__________________________________________________48 § 846-o. Definitions. As used in this article the following terms______________________________________________________________________49 shall have the following meanings:__________________________________50 1. "Division" means the division of criminal justice services.______________________________________________________________51 2. "Rape crisis intervention and prevention program" means any program______________________________________________________________________52 which has been approved by the division offering counseling and assist-________________________________________________________________________53 ance to clients concerning sex offenses, sexual abuse, or incest._________________________________________________________________

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1 3. "Community support system" means a system of service providers in a______________________________________________________________________2 community designed to meet the needs of a victim of a sex offense, sexu-________________________________________________________________________3 al abuse or incest.___________________4 4. "Comprehensive services" means hotline, counseling, community______________________________________________________________________5 prevention, recruitment and training programs, accompaniment services,________________________________________________________________________6 and referral._____________7 5. "Counseling" means individual communication and interaction which______________________________________________________________________8 helps the client make choices and act upon those choices, provided to a________________________________________________________________________9 client concerning any sex offense, sexual abuse, incest, or attempt to________________________________________________________________________10 commit a sex offense, sexual abuse, or incest.______________________________________________11 6. "Client" means any person seeking or receiving the services of a______________________________________________________________________12 rape crisis counselor for the purpose of securing counseling or assist-________________________________________________________________________13 ance concerning any sex offense, sexual abuse, incest, or attempt to________________________________________________________________________14 commit a sex offense, sexual abuse, or incest.______________________________________________15 7. "Hotline" means twenty-four-hour access to rape crisis intervention______________________________________________________________________16 and prevention services, including telephone hotline and telephone coun-________________________________________________________________________17 seling capabilities.____________________18 8. "Community prevention" means public education projects designed to______________________________________________________________________19 encourage victim use of rape crisis intervention services, educating the________________________________________________________________________20 general public about the availability and significance of rape crisis________________________________________________________________________21 intervention services, providing sex offense, sexual abuse or incest________________________________________________________________________22 prevention and personal safety information, providing other education________________________________________________________________________23 programs which sensitize service providers and the general public about________________________________________________________________________24 the nature of sex offenses, sexual abuse or incest and the needs of________________________________________________________________________25 survivors of a sex offense, sexual abuse or incest. "Community________________________________________________________________________26 prevention" also means and includes public education projects designed________________________________________________________________________27 to teach the general public about the problem of acquaintance rape,________________________________________________________________________28 including but not limited to:_____________________________29 (a) the importance of promptly respecting the decision of another______________________________________________________________________30 person not to engage in sexual conduct; and___________________________________________31 (b) the right of every individual to make such a decision and have it______________________________________________________________________32 respected.__________33 9. "Recruitment and training programs" means programs designed to______________________________________________________________________34 recruit and train staff or volunteers in a rape crisis intervention and________________________________________________________________________35 prevention program as well as training or education to other agencies________________________________________________________________________36 participating in a community support system.____________________________________________37 10. "Accompaniment services" means services that assure the presence______________________________________________________________________38 of a trained rape crisis worker to assist and support the client, at________________________________________________________________________39 hospitals, law enforcement agencies, district attorneys' offices, courts________________________________________________________________________40 and other agencies.___________________41 11. "Referral" means referral to and assistance with medical services______________________________________________________________________42 and services of criminal justice agencies, mental health agencies, or________________________________________________________________________43 other entities providing related services.__________________________________________44 § 846-p. Authorization of programs. 1. The division is hereby author-______________________________________________________________________45 ized to contract, within amounts appropriated, for the provision of rape________________________________________________________________________46 crisis intervention and prevention programs as provided herein. Rules,________________________________________________________________________47 regulations and guidelines as shall be necessary or appropriate to________________________________________________________________________48 assure successful implementation of this program shall be promulgated by________________________________________________________________________49 the division._____________50 2. Nothing contained in this section shall prohibit a program, with______________________________________________________________________51 the approval of the division, from subcontracting for, or otherwise________________________________________________________________________52 ensuring that the required services are available.__________________________________________________53 § 846-q. Technical assistance. The division shall provide or arrange______________________________________________________________________54 to provide technical assistance as requested and necessary to programs________________________________________________________________________55 to develop appropriate services, train staff, and improve coordination________________________________________________________________________

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1 with other appropriate support services, the criminal justice system and________________________________________________________________________2 other appropriate officials and services._________________________________________3 § 846-r. Evaluation and reports. To the extent resources are avail-______________________________________________________________________4 able, the division shall undertake a comprehensive evaluation of each________________________________________________________________________5 program periodically and in addition shall monitor each program's________________________________________________________________________6 compliance with the requirements of this article. The evaluation shall________________________________________________________________________7 measure uniform indicators of program operation and effectiveness.__________________________________________________________________8 § 846-s. Assistance of other agencies. To effectuate the purposes of______________________________________________________________________9 this article, the division may request from any department, board,________________________________________________________________________10 bureau, commission or other agency of the state, and the same are________________________________________________________________________11 authorized to provide such assistance, services and data as will enable________________________________________________________________________12 the division to assure that the provisions and intent of this article________________________________________________________________________13 are carried out.________________14 § 3. Subdivision (a) of section 4510 of the civil practice law and15 rules, as added by chapter 432 of the laws of 1993, is amended to read16 as follows:17 (a) Definitions. When used in this section, the following terms shall18 have the following meanings:19 1. "Rape crisis program" means any office, institution or center which20 has been approved pursuant to subdivision [fifteen of section two21 hundred six of the public health] nineteen of section eight hundred_____________________________________22 thirty-seven of the executive law, offering counseling and assistance to_____________________________23 clients concerning sexual offenses, sexual abuses or incest.24 2. "Rape crisis counselor" means any person who has been certified by25 an approved rape crisis program as having satisfied the training stand-26 ards specified in subdivision [fifteen of section two hundred six of the27 public health] nineteen of section eight hundred thirty-seven of the_______________________________________________________28 executive law, and who, regardless of compensation, is acting under the_________29 direction and supervision of an approved rape crisis program.30 3. "Client" means any person who is seeking or receiving the services31 of a rape crisis counselor for the purpose of securing counseling or32 assistance concerning any sexual offenses, sexual abuse, incest or33 attempts to commit sexual offenses, sexual abuse, or incest, as defined34 in the penal law.35 § 4. Subdivision 15 of section 206 of the public health law, as added36 by chapter 432 of the laws of 1993, is REPEALED.37 § 5. Article 6-A of the public health law is REPEALED.38 § 6. This act shall take effect immediately and shall be deemed to39 have been in full force and effect on and after April 1, 2010; provided,40 however, the rape crisis programs approved by the department of health41 prior to the effective date of this act shall remain certified unless42 such approval is terminated pursuant to the rules and regulations43 adopted pursuant to section three of this act and that rape crisis coun-44 selors certified by such programs shall remain certified for purposes of45 section 4510 of the civil practice law and rules; and provided further46 that the commissioner of the division of criminal justice services is47 authorized to promulgate such rules and regulations as may be necessary48 to effectuate the purposes of this act prior to such effective date.

49 PART D

50 Section 1. Paragraphs (b) and (c) of subdivision 2 of section 390.2051 of the criminal procedure law, as amended by chapter 413 of the laws of52 1991, are amended to read as follows:53 (b) A sentence of imprisonment for a term in excess of [ninety] one___54 hundred eighty days;______________

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1 (c) Consecutive sentences of imprisonment with terms aggregating more2 than [ninety] one hundred eighty days.__________________3 § 2. The opening paragraph of subdivision 1 of section 720.20 of the4 criminal procedure law, as amended by chapter 652 of the laws of 1974,5 is amended to read as follows:6 Upon felony conviction of an eligible youth, the court must order a______7 pre-sentence investigation [of the defendant] and may not determine________________________8 youthful offender status and pronounce sentence unless it has received a________________________________________________________________________9 written report of the investigation. Upon misdemeanor conviction of an________________________________________________________________________10 eligible youth and where paragraph (b) of this subdivision applies, the________________________________________________________________________11 court may not pronounce a sentence of probation or a sentence of impri-________________________________________________________________________12 sonment in excess of one hundred eighty days or consecutive sentences of________________________________________________________________________13 imprisonment aggregating in excess of one hundred eighty days unless it________________________________________________________________________14 has ordered a pre-sentence investigation and received a written report________________________________________________________________________15 of the investigation. [After receipt of a written report of the inves-____________________16 tigation and at] At the time of pronouncing sentence the court must__17 determine whether or not the eligible youth is a youthful offender.18 Such determination shall be in accordance with the following criteria:19 § 3. The opening paragraph of subdivision 6 of section 390.50 of the20 criminal procedure law, as added by chapter 866 of the laws of 1980, is21 amended to read as follows:22 Professional licensing agencies. Probation departments shall provide a23 copy of presentence reports prepared in the case of individuals who are24 known to be licensed pursuant to title eight of the education law to the25 state department of health if the licensee is a physician, a special-26 ist's assistant or a physician's assistant, and to the state education27 department with respect to all other such licensees. Such reports shall28 be accumulated and forwarded every three months, shall be in writing,_29 may be submitted in a hard copy or electronically, and shall contain the_________________________________________________30 following information:31 § 4. Subdivision 30 of section 1.20 of the criminal procedure law, as32 amended by chapter 265 of the laws of 1976, is amended to read as33 follows:34 30. "Bench warrant" means a process of a criminal court in which a35 criminal action is pending, directing a police officer, or a uniformed36 court officer, pursuant to paragraph [b] (b) of subdivision two of___37 section 530.70 of this chapter, to take into custody a defendant in such38 action who has previously been arraigned upon the accusatory instrument39 by which the action was commenced, and to bring him or her before such______40 court. The function of a bench warrant is to achieve the court appear-41 ance of a defendant in a pending criminal action for some purpose other42 than his initial arraignment in the action. The term shall also include___________________________43 a process in which a criminal proceeding is pending or imminent, direct-________________________________________________________________________44 ing a probation officer or police officer pursuant to subdivision two of________________________________________________________________________45 section 410.40 of this chapter or pursuant to subdivision two or six of________________________________________________________________________46 section 530.70 of this chapter, to take into custody an individual under________________________________________________________________________47 probation supervision and to bring him or her before the court. For________________________________________________________________________48 purposes of this definition, any warrant issued upon reasonable grounds________________________________________________________________________49 to believe that such an individual has violated a condition of his or________________________________________________________________________50 her term of release under probation supervision or failed to appear in________________________________________________________________________51 connection with the violation of probation action shall be recognized as________________________________________________________________________52 a bench warrant and construed as a probation warrant for purposes of________________________________________________________________________53 subdivision two of section two hundred twenty-one of the executive law._______________________________________________________________________54 § 5. Subdivisions 1 and 2 of section 410.92 of the criminal procedure55 law, subdivision 1 as added by chapter 377 of the laws of 2007 and

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1 subdivision 2 as amended by chapter 16 of the laws of 2008, are amended2 to read as follows:3 1. The division of [probation and correctional alternatives] criminal________4 justice services shall [establish a pilot project to] implement the________________5 provisions of this section. [Such pilot project shall be established in6 four counties designated by the division of probation and correctional7 alternatives provided that each such county shall be in a distinct8 region of the state outside of the city of New York.] The [state direc-9 tor of probation and correctional alternatives] commissioner of the_____________________10 division of criminal justice services shall have the power to adopt_________________________________________11 rules and regulations necessary to effectuate the provisions of this12 section.13 2. A person under probation supervision for conviction of a sex14 offense or a sexually violent offense, as such terms are defined by15 subdivision two or three of section one hundred sixty-eight-a of the16 correction law, [or] a family offense as defined in subdivision one of17 section 530.11 of this chapter, conviction of a crime defined in section________________________________________18 one hundred sixty-eight-t of the correction law, or conviction of crimi-________________________________________________________________________19 nal contempt in the first degree or aggravated criminal contempt as________________________________________________________________________20 defined in sections 215.51 and 215.52 of the penal law, where the________________________________________________________________________21 conduct underlying such criminal contempt conviction is related to a sex________________________________________________________________________22 offense, a sexually violent offense, a family offense, or a crime________________________________________________________________________23 defined in section one hundred sixty-eight-t of the correction law, who___________________________________________________________________24 has been taken into custody pursuant to section 410.40 or section 410.5025 of this article in a county designated pursuant to subdivision one of26 this section for violation of a condition of a sentence of probation27 must forthwith be brought before the court that imposed the sentence.28 Where the court that imposed sentence is a local criminal court and no29 judge from that court is available, and such person has been taken into30 custody pursuant to subdivision four of section 410.50 of this article,31 such person shall be brought before any available alternative court as32 described in subdivision five of section 120.90 of this chapter. Where33 the court that imposed the sentence is a superior court and no judge34 from that court is available, such person shall be brought before any35 available local criminal court in the same county. When no such alterna-36 tive court is available, the probation officer shall report such fact37 and such efforts to locate an available alternative court to the direc-38 tor or deputy director of the local probation department, and thereupon39 a warrant may be issued by such director or deputy director for the40 temporary detention of such person upon that official's determination41 that a public safety risk requires that the probationer be immediately42 taken into custody. A warrant issued pursuant to this subdivision shall43 constitute sufficient authority to the superintendent or other person in44 charge of any jail, penitentiary, lockup or detention pen to whom it is45 delivered to hold in temporary detention the person named therein.46 During such period of temporary detention, a warrant issued pursuant to47 this subdivision shall have the same effect as a warrant issued by a48 court pursuant to subdivision two of section 410.40 of this article.49 § 6. The criminal procedure law is amended by adding a new section50 570.51 to read as follows:51 § 570.51 Pre-signed waiver of extradition.__________________________________________52 Notwithstanding any other provision of law, a law enforcement agency______________________________________________________________________53 in the state of New York holding a person who is alleged to have________________________________________________________________________54 violated the terms or conditions of his or her probation, parole, bail________________________________________________________________________55 or any other release in the demanding state shall immediately deliver________________________________________________________________________

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1 that person to the duly authorized agent of the demanding state without________________________________________________________________________2 the requirement of a governor's warrant if the following apply:_______________________________________________________________3 1. the person has previously signed a written waiver of extradition______________________________________________________________________4 as a term of his or her current probation, parole, bail or other release________________________________________________________________________5 in the demanding state;_______________________6 2. the law enforcement agency holding the person has received an______________________________________________________________________7 authenticated copy of the written waiver of extradition previously________________________________________________________________________8 signed by the person and photographs or fingerprints or other evidence________________________________________________________________________9 properly identifying the person as the person who signed the waiver; and________________________________________________________________________10 3. all open criminal charges in the state of New York have been______________________________________________________________________11 disposed of through trial and sentencing._________________________________________12 § 7. Section 60.27 of the penal law is amended by adding a new subdi-13 vision 14 to read as follows:14 14. (a) Notwithstanding any other provision of law, whenever it shall______________________________________________________________________15 appear to the satisfaction of the appropriate district attorney, that an________________________________________________________________________16 order of restitution that is part of any disposition does not include an________________________________________________________________________17 amount owed to a victim, does not reflect the amount which was imposed________________________________________________________________________18 by the court or agreed to by all parties, as the case may be, or is________________________________________________________________________19 contrary to applicable law, it shall be his or her duty to immediately________________________________________________________________________20 move to set aside such sentence pursuant to section 440.40 of the crimi-________________________________________________________________________21 nal procedure law.__________________22 (b) Where a transfer of probation has occurred pursuant to section______________________________________________________________________23 410.80 of the criminal procedure law and the probationer is subject to a________________________________________________________________________24 restitution condition, the department of probation in the county in________________________________________________________________________25 which the order of restitution was imposed shall notify the appropriate________________________________________________________________________26 district attorney. Upon notification by the department of probation,________________________________________________________________________27 such district attorney shall file a certified copy of the judgment with________________________________________________________________________28 the clerk of the county in the receiving jurisdiction for purposes of________________________________________________________________________29 establishing a first lien and to permit institution of civil proceedings________________________________________________________________________30 pursuant to the provisions of subdivision six of section 420.10 of the________________________________________________________________________31 criminal procedure law._______________________32 § 8. Paragraph (b) of subdivision 3 of section 65.10 of the penal law33 is amended to read as follows:34 (b) Remain within the jurisdiction of the court unless granted permis-35 sion to leave by the court or the probation officer[; and]. Where a_________36 defendant is granted permission to move or travel outside the jurisdic-________________________________________________________________________37 tion of the court, the defendant shall sign a written waiver of extradi-________________________________________________________________________38 tion agreeing to waive extradition proceedings and not to contest any________________________________________________________________________39 effort by any jurisdiction to return the defendant to this state. Where________________________________________________________________________40 any county or the city of New York incurs costs associated with the________________________________________________________________________41 return of any probationer, the jurisdiction may collect the expenses________________________________________________________________________42 involved in connection with his or her return, from the probationer.____________________________________________________________________43 § 9. Section 4 of chapter 377 of the laws of 2007, amending the44 correction law and the criminal procedure law relating to establishing a45 probation detainer warrant pilot project, is amended to read as follows:46 § 4. This act shall take effect immediately and shall expire and be47 deemed repealed March 31, [2010] 2013.____48 § 10. The section heading and subdivisions 1, 2, 3 and 4 of section49 246 of the executive law, the section heading and subdivisions 2 and 450 as added by chapter 479 of the laws of 1970, subdivisions 1 and 3 as51 amended by chapter 134 of the laws of 1985, and the second undesignated52 paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,53 are amended to read as follows:54 State [reimbursement] aid for probation services. 1. The program of___55 state aid to county probation services shall be [continued. It shall be]56 administered by the division of [probation and correctional alterna-

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1 tives] criminal justice services with the advice of the [state probation_________________________2 commission] director of the office of probation and correctional alter-____________________________________________________________3 natives. Funds appropriated to the division for distribution as state_______4 aid to county probation services and to the probation services of New5 York city shall be distributed by the division in accordance with [the6 provisions of this section, and] rules and regulations adopted by the_______________7 [director] commissioner of the division of criminal justice services_____________________________________________________________8 after consultation with the [state probation commission] director of the_______________9 office of probation and correctional alternatives._________________________________________________10 2. State aid shall be granted to the city of New York and the respec-11 tive counties outside the city of New York [only to the extent of reim-12 bursing fifty per centum of the approved] for expenditures to be___ _____13 incurred by the county or city in maintaining and improving local14 probation services subject to amounts appropriated for this purpose.__________________________________________________15 [It] State aid grants shall not [include] be used for expenditures for________________ ___________16 capital additions or improvements, or for debt service costs for capital17 improvements.18 State aid shall be granted by the [director] commissioner of the divi-_________________________19 sion of criminal justice services after consultation with the [state_____________________________________20 probation commission] director of the office of probation and correc-__________________________________________________21 tional alternatives, provided the respective counties or the city of New___________________22 York conform to standards relating to the administration of probation23 services as adopted by the [director] commissioner of the division of__________________________________24 criminal justice services after consultation with the [state probation___________________________25 commission] director of the office of probation and correctional alter-____________________________________________________________26 natives._______27 3. Applications from counties or the city of New York for state aid28 under this section shall be made by filing with the division of29 [probation and correctional alternatives] criminal justice services, a_________________________30 detailed plan, including cost estimates covering probation services for31 the fiscal year or portion thereof for which aid is requested. Included32 in such estimates shall be clerical costs and maintenance and operation33 costs as well as salaries of probation personnel and such other perti-34 nent information as the [director] commissioner of the division of crim-_____________________________________35 inal justice services may require. Items for which [reimbursement] state_____________________ _____36 aid is requested under this section shall be duly designated in the___37 estimates submitted. The [director] commissioner of the division of________________________________38 criminal justice services, after consultation with the [state probation_________________________39 commission] director of the office of probation and correctional alter-___________________________________________________________40 natives, shall approve such plan if it conforms to standards relating to_______41 the administration of probation services as specified in the rules42 adopted by him or her.______43 4. An approved plan and compliance with standards relating to the44 administration of probation services promulgated by the [director]45 commissioner of the division of criminal justice services shall be a_____________________________________________________________46 prerequisite to eligibility for [reimbursement] state aid. [At the end_________47 of each quarter, each county outside the city of New York approved as48 eligible for reimbursement under this section, and the city of New York49 if approved as eligible for reimbursement under this section, shall50 submit to the division, in such form as the director requires, a veri-51 fied accounting of all expenditures made by the county, or the city of52 New York, in providing probation services. Such accounting shall desig-53 nate those items for which reimbursement is claimed, and shall be54 presented together with a claim for reimbursement.55 In submitting a claim for reimbursement each] The commissioner of the________________________56 division of criminal justice services may take into consideration grant-________________________________________________________________________

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1 ing additional state aid from an appropriation made for state aid for________________________________________________________________________2 county probation services for counties or the city of New York when a________________________________________________________________________3 county or the city of New York demonstrates that additional probation________________________________________________________________________4 services were dedicated to intensive supervision programs, intensive________________________________________________________________________5 programs for sex offenders or programs defined as juvenile risk inter-________________________________________________________________________6 vention services. The administration of such additional grants shall be________________________________________________________________________7 made according to rules and regulations promulgated by the commissioner________________________________________________________________________8 of the division of criminal justice services. Each county and the city____________________________________________________9 of New York shall certify the total amount collected pursuant to section10 two hundred fifty-seven-c of this chapter [during the period for which11 such reimbursement is claimed]. The [director] commissioner of the divi-_________________________12 sion of criminal justice services shall thereupon certify to the comp-___________________________________13 troller for payment by the state out of funds appropriated for that14 purpose, the amount to which the county or the city of New York shall be15 entitled under this section.16 § 11. The second undesignated paragraph of subdivision 4 of section17 246 of the executive law, as added by chapter 479 of the laws of 1970,18 is amended to read as follows:19 The [director] commissioner of the division of criminal justice_____________________________________________________20 services shall thereupon certify to the comptroller for payment by the________21 state out of funds appropriated for that purpose, the amount to which22 the county or the city of New York shall be entitled under this section.23 § 12. This act shall take effect immediately; provided, however, that:24 (a) sections one, two, three, four, five, six, seven, and eight of25 this act shall take effect on the ninetieth day after it shall have26 become a law;27 (b) the provisions of section nine of this act shall be deemed to have28 been in full force and effect on or after March 31, 2010;29 (c) the amendments to subdivisions 1 and 2 of section 410.92 of the30 criminal procedure law made by section five of this act shall not affect31 the repeal of such section and shall be deemed repealed therewith; and32 (d) the amendments to the second undesignated paragraph of subdivision33 4 of section 246 of the executive law made by section ten of this act34 shall not affect the expiration and reversion of such undesignated para-35 graph and shall expire therewith when upon such date the provisions of36 section eleven of this act shall take effect.

37 PART E

38 Section 1. The executive law is amended by adding two new sections39 837-s and 837-t to read as follows:40 § 837-s. Office of indigent defense. 1. There is hereby created within______________________________________________________________________41 the division the office of indigent defense, hereinafter in this section________________________________________________________________________42 referred to as "the office". The office shall operate under the adminis-________________________________________________________________________43 trative supervision of the division and employees of the office shall________________________________________________________________________44 abide by all administrative policies, procedures, and regulations of the________________________________________________________________________45 division; provided that the office shall function independently of the________________________________________________________________________46 division regarding the establishment of policy and standards for the________________________________________________________________________47 provision of indigent defense services and shall report directly to the________________________________________________________________________48 indigent defense board established pursuant to section eight hundred________________________________________________________________________49 thirty-seven-t of this article regarding the establishment of policy and________________________________________________________________________50 standards for the provision of indigent defense services._________________________________________________________51 2. (a) The governor shall appoint a director of the office who shall______________________________________________________________________52 serve at the pleasure of the governor. The person appointed as director________________________________________________________________________53 shall, upon his or her appointment, have been admitted to practice law________________________________________________________________________

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1 in the state of New York and shall have not less than five years profes-________________________________________________________________________2 sional experience in the area of indigent defense.__________________________________________________3 (b) The commissioner, in consultation with the director, shall appoint______________________________________________________________________4 employees and perform such other functions to ensure the efficient oper-________________________________________________________________________5 ation of the office within the amounts made available therefor by appro-________________________________________________________________________6 priation._________7 3. Duties and responsibilities. The office shall, in consultation with______________________________________________________________________8 the indigent defense board, have the following duties and responsibil-________________________________________________________________________9 ities:______10 (a) To examine and evaluate indigent defense services provided to______________________________________________________________________11 indigent criminal defendants in each county;____________________________________________12 (b) To collect information and data regarding the provision of indi-______________________________________________________________________13 gent defense services including, but not limited to:____________________________________________________14 (i) the types and combinations of defender systems now being utilized______________________________________________________________________15 in each county;_______________16 (ii) the existing public defender salary scale statewide;_________________________________________________________17 (iii) the actual yearly caseloads of attorneys providing services to______________________________________________________________________18 indigent criminal defendants as public defenders, legal aid attorneys or________________________________________________________________________19 pursuant to any other city or county plan for representation placed in________________________________________________________________________20 operation pursuant to article eighteen-B of the county law;___________________________________________________________21 (iv) how the yearly caseloads of indigent defense counsel compare with______________________________________________________________________22 the yearly caseloads of prosecutors in each county;___________________________________________________23 (v) disposition rates, including whether by dismissal of charges, plea______________________________________________________________________24 or trial, of public defense attorneys acting under each type of indigent________________________________________________________________________25 defense plan;_____________26 (vi) the average number of attorney hours currently being spent in______________________________________________________________________27 each county to defend against different types of criminal charges;__________________________________________________________________28 (vii) actual expenditures currently being made in each county on crim-______________________________________________________________________29 inal defense and prosecution services;______________________________________30 (viii) the funds currently being spent on criminal defense and prose-______________________________________________________________________31 cution services, and the amount being spent on ancillary services, such________________________________________________________________________32 as investigators, support staff, social workers, and expert witnesses;______________________________________________________________________33 (ix) the standards and criteria used in each county to determine______________________________________________________________________34 whether a criminal defendant is eligible to receive public defense________________________________________________________________________35 services; and_____________36 (x) the standards and criteria used in each county to determine wheth-______________________________________________________________________37 er an attorney is qualified to provide services as a public defender, a________________________________________________________________________38 legal aid attorney or pursuant to any other city or county plan for________________________________________________________________________39 representation placed in operation pursuant to article eighteen-B of the________________________________________________________________________40 county law, including as assigned counsel on a case by case basis;__________________________________________________________________41 (c) To analyze and evaluate the collected data, and undertake any______________________________________________________________________42 necessary research and studies, in order to consider and recommend meas-________________________________________________________________________43 ures to enhance the provision of defense services to indigent defendants________________________________________________________________________44 and to ensure that indigent criminal defendants are provided with________________________________________________________________________45 constitutionally effective representation in a manner that is fiscally________________________________________________________________________46 responsible for counties and the state, which may include but not be________________________________________________________________________47 limited to: establishing a definition of indigency and uniform standards________________________________________________________________________48 and procedures to guide courts in determining whether a defendant is________________________________________________________________________49 eligible for indigent defense services; and establishing standards,________________________________________________________________________50 criteria and a process for qualifying attorneys to provide defense________________________________________________________________________51 services to indigent criminal defendants;_________________________________________52 (d) To develop recommendations to improve the delivery of defense______________________________________________________________________53 services statewide in a manner that is consistent with the needs of the________________________________________________________________________54 counties, the efficiency and adequacy of the indigent defense plan oper-________________________________________________________________________55 ated in the counties and the quality of representation offered, which________________________________________________________________________56 may include the distribution of grants pursuant to specified criteria;______________________________________________________________________

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1 (e) To develop recommendations regarding the distribution of any______________________________________________________________________2 monies appropriated for indigent defense services, including but not________________________________________________________________________3 limited to monies from the indigent legal services fund, for consider-________________________________________________________________________4 ation by the indigent defense board;____________________________________5 (f) To investigate and monitor any other matter related to indigent______________________________________________________________________6 defense services that the executive director deems important;_____________________________________________________________7 (g) To request and receive from any department, division, board,______________________________________________________________________8 bureau, commission or other agency of the state or any political subdi-________________________________________________________________________9 vision thereof or any public authority such assistance, information and________________________________________________________________________10 data as will enable the office properly to carry out its functions,________________________________________________________________________11 powers and duties;__________________12 (h) To present findings and make recommendations for consideration by______________________________________________________________________13 the indigent defense board as established pursuant to section eight________________________________________________________________________14 hundred thirty-seven-t of this article; and___________________________________________15 (i) to execute decisions of the indigent defense board established______________________________________________________________________16 pursuant to section eight hundred thirty-seven-t of this article,________________________________________________________________________17 including the distribution of funds.____________________________________18 § 837-t. Indigent defense board. 1. There is hereby created within the______________________________________________________________________19 division the indigent defense board, hereinafter referred to in this________________________________________________________________________20 section as the board, which shall consist of nine members who shall be________________________________________________________________________21 appointed as follows:_____________________22 (a) one shall be the chief judge of the court of appeals, who shall be______________________________________________________________________23 the chair of the board;_______________________24 (b) one shall be appointed by the governor on recommendation of the______________________________________________________________________25 temporary president of the senate;__________________________________26 (c) one shall be appointed by the governor on recommendation of the______________________________________________________________________27 speaker of the assembly;________________________28 (d) one shall be appointed by the governor from a list of at least______________________________________________________________________29 four nominees submitted by the New York state bar association;______________________________________________________________30 (e) two shall be appointed by the governor from a list of at least______________________________________________________________________31 four nominees submitted by the New York state association of counties;______________________________________________________________________32 (f) one shall be appointed by the governor and shall be an attorney______________________________________________________________________33 who has provided indigent defense services as an employee of a public________________________________________________________________________34 defender's office for at least five years; and______________________________________________35 (g) two shall be appointed by the governor.___________________________________________36 2. All members of the board shall be appointed for terms of two years,______________________________________________________________________37 such terms to commence on April first, and expire on March thirty-first,________________________________________________________________________38 except the chief judge of the court of appeals who shall serve ex offi-________________________________________________________________________39 cio. Any member chosen to fill a vacancy created otherwise than by expi-________________________________________________________________________40 ration of term shall be appointed for the unexpired term of the member________________________________________________________________________41 whom he or she is to succeed. Vacancies caused by expiration of a term________________________________________________________________________42 or otherwise shall be filled in the same manner as original appoint-________________________________________________________________________43 ments. Any member may be reappointed for additional terms.__________________________________________________________44 3. Membership on the board shall not constitute the holding of an______________________________________________________________________45 office, and members of the board shall not be required to take and file________________________________________________________________________46 oaths of office before serving on the board. The board shall not have________________________________________________________________________47 the right to exercise any portion of the sovereign power of the state.______________________________________________________________________48 4. The board shall meet at least four times in each year. Special______________________________________________________________________49 meetings may be called by the chair and shall be called by the chair________________________________________________________________________50 upon the written request of five members of the board. The board may________________________________________________________________________51 establish its own procedures with respect to the conduct of its meetings________________________________________________________________________52 and other affairs; provided, however, that the quorum and majority________________________________________________________________________53 provisions of section forty-one of the general construction law shall________________________________________________________________________54 govern all actions taken by the board.______________________________________

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1 5. The members of the board shall receive no compensation for their______________________________________________________________________2 services but shall be allowed their actual and necessary expenses________________________________________________________________________3 incurred in the performance of their functions hereunder._________________________________________________________4 6. No member of the board shall be disqualified from holding any______________________________________________________________________5 public office or employment, nor shall he or she forfeit any such office________________________________________________________________________6 or employment, by reason of his or her appointment hereunder, notwith-________________________________________________________________________7 standing the provisions of any general, special or local law, ordinance________________________________________________________________________8 or city charter.________________9 7. The board shall have the following duties and responsibilities:__________________________________________________________________10 (a) To evaluate existing indigent defense programs and determine the______________________________________________________________________11 type of indigent defense services that should be provided in New York________________________________________________________________________12 state to best serve the interests of indigent defendants;_________________________________________________________13 (b) To consult with and advise the office of indigent defense in______________________________________________________________________14 carrying out the duties and responsibilities of such office;____________________________________________________________15 (c) To accept, reject or modify recommendations made by the office of______________________________________________________________________16 indigent defense regarding the allocation of funds from the indigent________________________________________________________________________17 legal services fund and the awarding of grants, including incentive________________________________________________________________________18 grants; and___________19 (d) To advise the governor and legislature and make recommendations______________________________________________________________________20 regarding the provision of indigent defense services in New York state._______________________________________________________________________21 § 2. Section 98-b of the state finance law, as added by section 12 of22 part J of chapter 62 of the laws of 2003, subdivision 3 as amended by23 section 1 of part H of chapter 56 of the laws of 2004 and paragraph (b)24 of subdivision 3 as amended by section 1 of part G of chapter 56 of the25 laws of 2005, is amended to read as follows:26 § 98-b. Indigent legal services fund. 1. There is hereby established27 in the joint custody of the comptroller and the commissioner of taxation28 and finance a special fund to be known as the indigent legal services29 fund.30 2. Such fund shall consist of all moneys appropriated for the purpose31 of such fund, all other moneys required to be paid into or credited to32 such fund, and all moneys received by the fund or donated to it.33 3. (a) [As provided in this subdivision, moneys received by the indi-34 gent legal services fund each calendar year from January first through35 December thirty-first shall be made available by the state comptroller36 in the immediately succeeding calendar year to (i) assist counties and,37 in the case of a county wholly contained within a city, such city, in38 providing legal representation for persons who are financially unable to39 afford counsel pursuant to article eighteen-B of the county law; and40 (ii) assist the state, in funding representation provided by assigned41 counsel paid in accordance with section thirty-five of the judiciary42 law. Moneys from the fund shall be distributed at the direction of the43 state comptroller in accordance with the provisions of this subdivision.44 (b) (i) Commencing on March thirty-first, two thousand five, moneys45 from such fund shall first be made available, in the calendar year next46 succeeding the calendar year in which collected, to reimburse the state47 for payments, made in the previous calendar year, for] The office of_____________48 court administration may expend a portion of the funds available in the________________________________________________________________________49 indigent legal services fund to support assigned counsel paid in accord-_______________________________________50 ance with section thirty-five of the judiciary law, up to an annual sum51 of twenty-five million dollars.52 [(ii) Commencing with the payment on April first, two thousand five or53 as soon thereafter as practicable, and subsequent quarterly payments54 thereafter, moneys from such fund shall be available to reimburse the55 state for providing funding for legal representation in periods and at56 rates of compensation in effect after January first, two thousand four

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1 in accordance with section thirty-five of the judiciary law, in an2 amount equal to such funding provided during the preceding quarter, less3 the amount of funding provided during that quarter in accordance with4 such section at rates of compensation in effect immediately prior to5 January first, two thousand four, up to but not exceeding six million6 two hundred fifty thousand dollars per quarter.7 (c) The balance of moneys received by such fund shall be distributed8 by the state comptroller, in the calendar year next succeeding the9 calendar year in which collected, to counties and, in the case of a10 county wholly contained within a city, such city, to assist such coun-11 ties and such city in providing representation pursuant to article eigh-12 teen-B of the county law. The amount to be made available each year to13 such counties and such city shall be calculated by the state comptroller14 as follows:15 (i) The county executive or chief executive officer of each county or,16 in the case of a county wholly contained within a city, such city shall,17 in accordance with subdivision two of section seven hundred twenty-two-f18 of the county law, certify to the state comptroller, by March first of19 each year, the total expenditure of local funds by each such county or20 city, during the period January first through December thirty-first of21 the previous calendar year, for providing legal representation to22 persons who were financially unable to afford counsel, pursuant to arti-23 cle eighteen-B of the county law.24 (ii) The state comptroller shall then total the amount of local funds25 expended by all such counties and such city to determine the sum of such26 moneys expended by all such counties and such city for providing such27 representation in such calendar year.28 (iii) The state comptroller shall then calculate the percentage share29 of the statewide sum of such expenditures for each county and such city30 for such calendar year.31 (iv) The state comptroller shall then determine:32 (A) the fund amount available to be distributed pursuant to this para-33 graph, which shall be the amount received by the indigent legal services34 fund in the immediately preceding calendar year, minus the amount to be35 distributed to the state under paragraph (b) of this subdivision36 provided, however, that with respect to the first payment made to coun-37 ties and such city on March thirty-first, two thousand five, such38 payment shall be made from the amounts received by the indigent legal39 services fund in the immediately preceding two calendar years, minus the40 amount to be distributed to the state under paragraph (b) of this subdi-41 vision; and42 (B) the annual payment amount to be paid to each county and such city43 pursuant to this subdivision, which shall be the product of the percent-44 age share of statewide local funds expended by each such county and45 city, as determined pursuant to subparagraph (iii) of this paragraph,46 multiplied by the fund amount available for distribution, as determined47 pursuant to clause (A) of this subparagraph.]48 (b) An annual sum of forty million dollars shall be available to the______________________________________________________________________49 city of New York for the provision of indigent defense services.________________________________________________________________50 (c) Remaining moneys received by the indigent legal services fund______________________________________________________________________51 shall be distributed in accordance with sections eight hundred thirty-________________________________________________________________________52 seven-s and eight hundred thirty-seven-t of the executive law within________________________________________________________________________53 amounts appropriated therein._____________________________54 (d) All payments from this account shall be made upon vouchers55 approved and certified and upon audit and warrant of the state comp-56 troller. The state comptroller shall, as soon as practicable, make such

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1 payments to the state and each county and each city in a lump sum2 payment.3 [4. Maintenance of effort. (a) As used in this section, "local funds"4 shall mean all funds appropriated or allocated by a county or, in the5 case of a county wholly contained within a city, such city, for services6 and expenses in accordance with article eighteen-B of the county law,7 other than funds received from: (i) the federal government or the state;8 or (ii) a private source, where such city or county does not have9 authority or control over the payment of such funds by such private10 source.11 (b) State funds received by a county or city pursuant to subdivision12 three of this section shall be used to supplement and not supplant any13 local funds which such county or city would otherwise have had to expend14 for the provision of counsel and expert, investigative and other15 services pursuant to article eighteen-B of the county law. All such16 state funds received by a county or city shall be used to improve the17 quality of services provided pursuant to article eighteen-B of the coun-18 ty law.19 (c) Notwithstanding the provisions of any other law, as a precondition20 for receiving state assistance pursuant to subdivision three of this21 section, a county or city shall be required pursuant to this paragraph22 to demonstrate compliance with the maintenance of effort provisions of23 paragraph (b) of this subdivision. Such compliance shall be shown as a24 part of the annual report submitted by the county or city in accordance25 with subdivision two of section seven hundred twenty-two-f of the county26 law. Such maintenance of effort shall be shown by demonstrating with27 specificity:28 (i) that the total amount of local funds expended for services and29 expenses pursuant to article eighteen-B of the county law during the30 applicable calendar year reporting period did not decrease from the31 amount of such local funds expended during the previous calendar year32 provided, however, that with respect to the report filed in two thousand33 six regarding calendar year two thousand five, such maintenance of34 effort shall be shown by demonstrating with specificity that the total35 amount of local funds expended for services and expenses pursuant to36 article eighteen-B of the county law during the two thousand five calen-37 dar year did not decrease from the amount of such local funds expended38 during calendar year two thousand two; or39 (ii) where the amount of local funds expended for such services40 decreased over such period, that all state funds received during the41 most recent state fiscal year pursuant to subdivision three of this42 section were used to assure an improvement in the quality of services43 provided in accordance with article eighteen-B of the county law and44 have not been used to supplant local funds. For purposes of this subpar-45 agraph, whether there has been an improvement in the quality of such46 services shall be determined by considering the expertise, training and47 resources made available to attorneys, experts and investigators provid-48 ing such services; the total caseload handled by such attorneys, experts49 and investigators as such relates to the time expended in each case and50 the quality of services provided; the system by which attorneys were51 matched to cases with a degree of complexity suitable to each attorney's52 training and experience; the provision of timely and confidential access53 to such attorneys and expert and investigative services; and any other54 similar factors related to the delivery of quality public defense55 services.]

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1 § 3. This act shall take effect immediately and shall be deemed to2 have been in full force and effect on and after April 1, 2010.

3 PART F

4 Section 1. Section 716 of the county law, as amended by chapter 7145 of the laws of 1966, is amended to read as follows:6 § 716. Public defender and conflict defender; appointment; term; other_____________________7 employees. 1. The board of supervisors of any county may create an__8 office of public defender, or may authorize a contract between its coun-9 ty and one or more other such counties to create an office of public10 defender to serve such counties. A city may create an office of public11 defender in any county wholly contained within its borders and such city12 shall possess with respect to such office all the powers conferred upon13 a board of supervisors by the provisions of this article. The board or14 boards of supervisors may designate an attorney-at-law as public defen-15 der and shall fix his or her term and compensation. Subject to the______16 approval of such board or boards, the public defender may appoint as17 many assistant attorneys, clerks, investigators, stenographers and other18 employees as he or she may deem necessary and as shall be authorized by______19 such board or boards. The public defender shall fix the compensation of20 such aides and assistants within the amounts such board or boards may21 appropriate for such purposes. Notwithstanding any other provision of22 law relating to the creation of county offices, where the board of23 supervisors of any county has established an office of public defender24 by resolution, and thereafter such office is created by local law, such25 local law may authorize the payment of compensation and other expenses26 incurred in the operation of said office retroactive to the date of the27 adoption of said resolution.28 2. The board of supervisors of any county which has created the office______________________________________________________________________29 of public defender, may create an office of conflict defender independ-________________________________________________________________________30 ent from the public defender's office, or may authorize a contract________________________________________________________________________31 between its county and one or more other such counties to create such________________________________________________________________________32 office of conflict defender to serve such counties. A city which has________________________________________________________________________33 created the office of public defender may create such office of conflict________________________________________________________________________34 defender in any county wholly contained within its borders and such city________________________________________________________________________35 shall possess with respect to such office all the powers conferred upon________________________________________________________________________36 a board of supervisors by the provisions of this article. The board or________________________________________________________________________37 boards of supervisors may designate an attorney-at-law duly licensed to________________________________________________________________________38 practice in the state of New York as conflict defender and shall fix his________________________________________________________________________39 or her term and compensation. Subject to the approval of such board or________________________________________________________________________40 boards, the conflict defender may appoint as many assistant attorneys,________________________________________________________________________41 clerks, investigators, stenographers and other employees as he or she________________________________________________________________________42 may deem necessary and as shall be authorized by such board or boards.________________________________________________________________________43 The conflict defender shall fix the compensation of such aides and________________________________________________________________________44 assistants within the amounts such board or boards may appropriate for________________________________________________________________________45 such purposes. Notwithstanding any other provision of law relating to________________________________________________________________________46 the creation of county offices, where the board of supervisors of any________________________________________________________________________47 county has established an office of conflict defender by resolution, and________________________________________________________________________48 thereafter such office is created by local law, such local law may________________________________________________________________________49 authorize the payment of compensation and other expenses incurred in the________________________________________________________________________50 operation of said office retroactive to the date of the adoption of said________________________________________________________________________51 resolution.___________52 § 2. Section 717 of the county law, as amended by chapter 682 of the53 laws of 1975 and subdivision 2 as amended by chapter 453 of the laws of54 1999, is amended to read as follows:

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1 § 717. Public defender and conflict defender; duties. 1. The public_____________________2 defender shall represent, without charge, at the request of the defend-3 ant, or by order of the court with the consent of the defendant, each4 indigent defendant who is charged with a crime as defined in section5 seven hundred twenty-two-a of [the county law] this chapter in the coun-____________6 ty or counties in which such public defender serves. When representing7 an indigent defendant, the public defender shall counsel and represent8 him or her at every stage of the proceedings following arrest, shall_______9 initiate such proceedings as in his or her judgment are necessary to______10 protect the rights of the accused, and may, in his or her discretion,______11 prosecute any appeal, if in his or her judgment the facts and circum-______12 stances warrant such appeal.13 2. The public defender shall also represent, without charge, in a14 proceeding in family court or surrogate's court in the county or coun-15 ties where such public defender serves, any person entitled to counsel16 pursuant to section two hundred sixty-two and section eleven hundred17 twenty of the family court act and section four hundred seven of the18 surrogate's court procedure act, or any person entitled to counsel19 pursuant to article six-C of the correction law, who is financially20 unable to obtain counsel. When representing such person, the public21 defender shall counsel and represent him or her at every stage of the______22 proceedings, shall initiate such proceedings as in the judgment of the23 public defender are necessary to protect the rights of such person, and24 may prosecute any appeal when, in his or her judgment the facts and_______25 circumstances warrant such appeal.26 3. (a) Whenever the public defender has been requested or assigned to______________________________________________________________________27 undertake representation of a party or represents a party whose inter-________________________________________________________________________28 ests conflict with the interests of a party represented or proposed to________________________________________________________________________29 be represented by the public defender, the conflict defender shall________________________________________________________________________30 represent, without charge, any such person with a conflicting interest________________________________________________________________________31 who is charged with a crime as defined in section seven hundred twenty-________________________________________________________________________32 two-a of this chapter in the county or counties in which such conflict________________________________________________________________________33 defender serves. When representing an indigent defendant, the conflict________________________________________________________________________34 defender shall counsel and represent him or her at every stage of the________________________________________________________________________35 proceedings following arrest, shall initiate such proceedings as in his________________________________________________________________________36 or her judgment are necessary to protect the rights of the accused, and________________________________________________________________________37 may, in his or her discretion, prosecute any appeal, if in his or her________________________________________________________________________38 judgment the facts and circumstances warrant such appeal._________________________________________________________39 (b) The conflict defender shall also represent such person with a______________________________________________________________________40 conflicting interest as described in paragraph (a) of this subdivision,________________________________________________________________________41 without charge, in a proceeding in family court or surrogate's court in________________________________________________________________________42 the county or counties where such conflict defender serves, any person________________________________________________________________________43 entitled to counsel pursuant to section two hundred sixty-two and________________________________________________________________________44 section eleven hundred twenty of the family court act and section four________________________________________________________________________45 hundred seven of the surrogate's court procedure act, or any person________________________________________________________________________46 entitled to counsel pursuant to article six-C of the correction law, who________________________________________________________________________47 is financially unable to obtain counsel. When representing such person,________________________________________________________________________48 the conflict defender shall counsel and represent him or her at every________________________________________________________________________49 stage of the proceedings, shall initiate such proceedings as in the________________________________________________________________________50 judgment of the conflict defender are necessary to protect the rights of________________________________________________________________________51 such person, and may prosecute any appeal when, in his or her judgment________________________________________________________________________52 the facts and circumstances warrant such appeal.________________________________________________53 § 4. Section 718 of the county law, as amended by chapter 682 of the54 laws of 1977, is amended to read as follows:55 § 718. Appointment of other counsel. Nothing contained herein shall56 preclude a court on its own motion or upon application by the public

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1 defender or conflict defender or by the indigent defendant or person______________________2 described in section two hundred sixty-two or section eleven hundred3 twenty of the family court act, or section four hundred seven of the4 surrogate's court procedure act, from appointing an attorney other than5 the public defender or conflict defender to represent such defendant or____________________6 person or to assist in the representation of such defendant or person at7 any stage of the proceedings or on appeal. If such attorney is8 appointed, he or she shall serve without compensation, unless such______9 compensation is otherwise provided for by law.10 § 5. Section 719 of the county law, as amended by chapter 682 of the11 laws of 1975, is amended to read as follows:12 § 719. Expenses. If a public defender or conflict defender serves more____________________13 than one county, the expenses of salaries, maintenance and operation of14 his or her office shall be shared by the participating counties in_______15 accordance with the provisions of the agreement establishing the office.16 Expenses incidental to individual cases shall be paid by the county for17 which the services were rendered. All expenses chargeable to a county18 hereunder shall be a county charge to be paid upon certification by the19 county treasurer out of an appropriation made for such purposes.20 § 6. Section 720 of the county law, as amended by chapter 761 of the21 laws of 1966, is amended to read as follows:22 § 720. Annual report. The public defender and the conflict defender___________________________23 shall each make an annual report to the board or boards of supervisors____24 covering all cases handled by his or her office during the preceding______25 year.26 § 7. Subdivision 1 of section 722 of the county law, as amended by27 chapter 682 of the laws of 1977, is amended to read as follows:28 1. Representation by a public defender or a conflict defender_________________________29 appointed pursuant to [county law] article eighteen-A of this chapter._______________30 § 8. This act shall take effect immediately provided, however, the31 provisions of this act shall expire and be deemed repealed March 31,32 2012.

33 PART G

34 Section 1. Subdivision 7 of section 995 of the executive law, as35 amended by chapter 2 of the laws of 2006, paragraph (a) as separately36 amended by chapter 320 of the laws of 2006, is amended to read as37 follows:38 7. "Designated offender" means a person convicted of [and sentenced39 for] any [one or more of the following provisions of the penal law (a)40 sections 120.05, 120.10, and 120.11, relating to assault; sections41 125.15 through 125.27 relating to homicide; sections 130.25, 130.30,42 130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to43 sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to44 escape and other offenses, where the offender has been convicted within45 the previous five years of one of the other felonies specified in this46 subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,47 a violent felony offense as defined in subdivision one of section 70.0248 of the penal law, attempted murder in the first degree, as defined in49 section 110.00 and section 125.27 of the penal law, kidnapping in the50 first degree, as defined in section 135.25 of the penal law, arson in51 the first degree, as defined in section 150.20 of the penal law,52 burglary in the third degree, as defined in section 140.20 of the penal53 law, attempted burglary in the third degree, as defined in section54 110.00 and section 140.20 of the penal law, a felony defined in article

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1 four hundred ninety of the penal law relating to terrorism or any2 attempt to commit an offense defined in such article relating to terror-3 ism which is a felony; or (b) criminal possession of a controlled4 substance in the first degree, as defined in section 220.21 of the penal5 law; criminal possession of a controlled substance in the second degree,6 as defined in section 220.18 of the penal law; criminal sale of a7 controlled substance, as defined in article 220 of the penal law; or8 grand larceny in the fourth degree, as defined in subdivision five of9 section 155.30 of the penal law; or (c) any misdemeanor or felony10 defined as a sex offense or sexually violent offense pursuant to para-11 graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision12 three of section one hundred sixty-eight-a of the correction law; or (d)13 any of the following felonies, or an attempt thereof where such attempt14 is a felony offense:15 aggravated assault upon a person less than eleven years old, as16 defined in section 120.12 of the penal law; menacing in the first17 degree, as defined in section 120.13 of the penal law; reckless endan-18 germent in the first degree, as defined in section 120.25 of the penal19 law; stalking in the second degree, as defined in section 120.55 of the20 penal law; criminally negligent homicide, as defined in section 125.1021 of the penal law; vehicular manslaughter in the second degree, as22 defined in section 125.12 of the penal law; vehicular manslaughter in23 the first degree, as defined in section 125.13 of the penal law;24 persistent sexual abuse, as defined in section 130.53 of the penal law;25 aggravated sexual abuse in the fourth degree, as defined in section26 130.65-a of the penal law; female genital mutilation, as defined in27 section 130.85 of the penal law; facilitating a sex offense with a28 controlled substance, as defined in section 130.90 of the penal law;29 unlawful imprisonment in the first degree, as defined in section 135.1030 of the penal law; custodial interference in the first degree, as defined31 in section 135.50 of the penal law; criminal trespass in the first32 degree, as defined in section 140.17 of the penal law; criminal tamper-33 ing in the first degree, as defined in section 145.20 of the penal law;34 tampering with a consumer product in the first degree, as defined in35 section 145.45 of the penal law; robbery in the third degree as defined36 in section 160.05 of the penal law; identity theft in the second degree,37 as defined in section 190.79 of the penal law; identity theft in the38 first degree, as defined in section 190.80 of the penal law; promoting39 prison contraband in the first degree, as defined in section 205.25 of40 the penal law; tampering with a witness in the third degree, as defined41 in section 215.11 of the penal law; tampering with a witness in the42 second degree, as defined in section 215.12 of the penal law; tampering43 with a witness in the first degree, as defined in section 215.13 of the44 penal law; criminal contempt in the first degree, as defined in subdivi-45 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated46 criminal contempt, as defined in section 215.52 of the penal law; bail47 jumping in the second degree, as defined in section 215.56 of the penal48 law; bail jumping in the first degree, as defined in section 215.57 of49 the penal law; patronizing a prostitute in the second degree, as defined50 in section 230.05 of the penal law; patronizing a prostitute in the51 first degree, as defined in section 230.06 of the penal law; promoting52 prostitution in the second degree, as defined in section 230.30 of the53 penal law; promoting prostitution in the first degree, as defined in54 section 230.32 of the penal law; compelling prostitution, as defined in55 section 230.33 of the penal law; disseminating indecent materials to56 minors in the second degree, as defined in section 235.21 of the penal

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1 law; disseminating indecent materials to minors in the first degree, as2 defined in section 235.22 of the penal law; riot in the first degree, as3 defined in section 240.06 of the penal law; criminal anarchy, as defined4 in section 240.15 of the penal law; aggravated harassment of an employee5 by an inmate, as defined in section 240.32 of the penal law; unlawful6 surveillance in the second degree, as defined in section 250.45 of the7 penal law; unlawful surveillance in the first degree, as defined in8 section 250.50 of the penal law; endangering the welfare of a vulnerable9 elderly person in the second degree, as defined in section 260.32 of the10 penal law; endangering the welfare of a vulnerable elderly person in the11 first degree, as defined in section 260.34 of the penal law; use of a12 child in a sexual performance, as defined in section 263.05 of the penal13 law; promoting an obscene sexual performance by a child, as defined in14 section 263.10 of the penal law; possessing an obscene sexual perform-15 ance by a child, as defined in section 263.11 of the penal law; promot-16 ing a sexual performance by a child, as defined in section 263.15 of the17 penal law; possessing a sexual performance by a child, as defined in18 section 263.16 of the penal law; criminal possession of a weapon in the19 third degree, as defined in section 265.02 of the penal law; criminal20 sale of a firearm in the third degree, as defined in section 265.11 of21 the penal law; criminal sale of a firearm to a minor, as defined in22 section 265.16 of the penal law; unlawful wearing of a body vest, as23 defined in section 270.20 of the penal law; hate crimes as defined in24 section 485.05 of the penal law; and crime of terrorism, as defined in25 section 490.25 of the penal law; or (e) a felony defined in the penal26 law or an attempt thereof where such attempt is a felony; or (f) any of27 the following misdemeanors: assault in the third degree as defined in28 section 120.00 of the penal law; attempted aggravated assault upon a29 person less than eleven years old, as defined in section 110.00 and30 section 120.12 of the penal law; attempted menacing in the first degree,31 as defined in section 110.00 and section 120.13 of the penal law; menac-32 ing in the second degree as defined in section 120.14 of the penal law;33 menacing in the third degree as defined in section 120.15 of the penal34 law; reckless endangerment in the second degree as defined in section35 120.20 of the penal law; stalking in the fourth degree as defined in36 section 120.45 of the penal law; stalking in the third degree as defined37 in section 120.50 of the penal law; attempted stalking in the second38 degree, as defined in section 110.00 and section 120.55 of the penal39 law; forcible touching as defined in section 130.52 of the penal law40 regardless of the age of the victim; sexual abuse in the third degree as41 defined in section 130.55 of the penal law regardless of the age of the42 victim; unlawful imprisonment in the second degree as defined in section43 135.05 of the penal law regardless of the age of the victim; attempted44 unlawful imprisonment in the first degree, as defined in section 110.0045 and section 135.10 of the penal law regardless of the age of the victim;46 criminal trespass in the second degree as defined in section 140.15 of47 the penal law; possession of burglar's tools as defined in section48 140.35 of the penal law; petit larceny as defined in section 155.25 of49 the penal law; endangering the welfare of a child as defined in section50 260.10 of the penal law; endangering the welfare of an incompetent or51 physically disabled person as defined in section 260.25] felony defined_______________52 in the penal law or any misdemeanor defined in the penal law, or a________________________________________________________________________53 person adjudicated and sentenced as a youthful offender pursuant to________________________________________________________________________54 article seven hundred twenty of the criminal procedure law for any such________________________________________________________________________55 misdemeanor or felony, or a person who is required to register as a sex________________________________________________________________________56 offender pursuant to article six-C of the correction law.________________________________________________________

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1 § 2. Subdivision 3 of section 995-c of the executive law, as amended2 by chapter 576 of the laws of 2004, is amended to read as follows:3 3. (a) Any designated offender [subsequent to conviction and sentenc-___4 ing for a crime specified in subdivision seven of section nine hundred5 ninety-five of this article,] shall be required to provide a sample6 appropriate for DNA testing to determine identification characteristics7 specific to such person and to be included in a state DNA identification8 index pursuant to this article.9 (b) (i) In the case of a designated offender who is sentenced to a______________________________________________________________________10 term of imprisonment, such sample shall be collected by the public serv-________________________________________________________________________11 ant to whose custody the designated offender has been committed.________________________________________________________________12 (ii) In the case of a designated offender who is sentenced to a term______________________________________________________________________13 of probation, including a sentence of probation imposed in conjunction________________________________________________________________________14 with a sentence of imprisonment when a sample has not already been________________________________________________________________________15 taken, such sample shall be collected by the probation department super-________________________________________________________________________16 vising the designated offender._______________________________17 (iii) In the case of a designated offender whose sentence does not______________________________________________________________________18 include either a term of imprisonment or a term of probation, the court,________________________________________________________________________19 or in the case of a person registered as a sex offender on or before the________________________________________________________________________20 effective date of this subparagraph who has not had a DNA sample taken,________________________________________________________________________21 the division of criminal justice services, shall order that the desig-________________________________________________________________________22 nated offender report to an office of the sheriff of that county, and________________________________________________________________________23 when the designated offender does so, such sample shall be collected by________________________________________________________________________24 the sheriff's office._____________________25 (iv) In the case of a designated sex offender who is required to______________________________________________________________________26 register as a sex offender pursuant to article six-C of the correction________________________________________________________________________27 law as a result of a conviction obtained in a foreign jurisdiction on or________________________________________________________________________28 after the effective date of this subparagraph, such sample shall be________________________________________________________________________29 collected by the probation department of the county in which the desig-________________________________________________________________________30 nated offender resides._______________________31 (v) Nothing in this paragraph shall prohibit the collection of a DNA______________________________________________________________________32 sample from a designated offender by any court official, state or local________________________________________________________________________33 correction official or employee, probation officer, parole officer,________________________________________________________________________34 police officer, peace officer, or other public servant who has been________________________________________________________________________35 notified by the division of criminal justice services that such desig-________________________________________________________________________36 nated offender has not provided a DNA sample. Upon notification by the________________________________________________________________________37 division of criminal justice services that a designated offender has not________________________________________________________________________38 provided a DNA sample, such court official, state or local correction________________________________________________________________________39 official or employee, probation officer, parole officer, police officer,________________________________________________________________________40 peace officer or other public servant shall collect the DNA sample.___________________________________________________________________41 § 3. Section 65.10 of the penal law is amended by adding a new subdi-42 vision 4-b to read as follows:43 4-b. Mandatory DNA condition for designated offenders and certain______________________________________________________________________44 other offenders. When imposing a sentence of probation or conditional________________________________________________________________________45 discharge upon a person defined as a designated offender pursuant to________________________________________________________________________46 subdivision seven of section nine hundred ninety-five of the executive________________________________________________________________________47 law, the court shall require as a mandatory condition of such sentence________________________________________________________________________48 that such person provide a DNA sample as required by section nine________________________________________________________________________49 hundred ninety-five of the executive law. Nothing in this subdivision________________________________________________________________________50 shall be construed as prohibiting a DNA condition upon any other offen-________________________________________________________________________51 der where authorized by article forty-nine-B of the executive law.__________________________________________________________________52 § 4. The penal law is amended by adding a new section 270.40 to read53 as follows:54 § 270.40 Failure to provide a DNA sample._________________________________________55 A person is guilty of failure to provide a DNA sample when he or she______________________________________________________________________56 (a) is a designated offender, as defined in subdivision seven of section________________________________________________________________________

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1 nine hundred ninety-five of the executive law, required to provide a________________________________________________________________________2 sample appropriate for DNA testing pursuant to the provisions of subdi-________________________________________________________________________3 vision three of section nine hundred ninety-five-c of the executive law;________________________________________________________________________4 (b) has been notified by a court, state or local correction official or________________________________________________________________________5 employee, parole officer, probation officer, police officer, peace offi-________________________________________________________________________6 cer or other public servant of the obligation to provide such a sample;________________________________________________________________________7 and (c) upon request to provide such sample made by a public servant________________________________________________________________________8 authorized to collect it, fails to provide such a sample._________________________________________________________9 Failure to provide a DNA sample is a class A misdemeanor._________________________________________________________10 § 5. This act shall take effect January 1, 2011; provided, however,11 that the amendments to subdivision 7 of section 995 of the executive law12 made by section one of this act shall apply to designated offenses13 committed on or after such effective date; and provided, further that14 the amendments to subdivision 7 of section 995 of the executive law made15 by section one of this act relating to a person who is required to16 register as a sex offender pursuant to article six-C of the correction17 law shall apply to a person registered as a sex offender prior to, on,18 or after such effective date.

19 PART H

20 Section 1. Section 401 of the vehicle and traffic law is amended by21 adding a new subdivision 5-b to read as follows:22 5-b. Denial of registration or renewal for certain violations. a. If______________________________________________________________________23 at the time of application for a registration or renewal thereof there________________________________________________________________________24 is a notification from or on behalf of the division of criminal justice________________________________________________________________________25 services, or any agency, division or authority so designated by such________________________________________________________________________26 division, that the registrant or his representative has failed to answer________________________________________________________________________27 or has failed to pay any penalty imposed by such division, agency or________________________________________________________________________28 authority following the entry of a final decision of liability in________________________________________________________________________29 response to a total of three or more notices of liability charging the________________________________________________________________________30 registrant was liable in accordance with section eleven hundred eighty-________________________________________________________________________31 one-a of this chapter for a violation of paragraph two of subdivision________________________________________________________________________32 (d) or subdivision (f) of section eleven hundred eighty of this chapter,________________________________________________________________________33 the commissioner, or his agent, shall deny the registration or renewal________________________________________________________________________34 application until the applicant provides proof from the division of________________________________________________________________________35 criminal justice services that in each such instance, the registrant has________________________________________________________________________36 appeared in response to such notices of liability or has paid such________________________________________________________________________37 penalties. Where an application is denied pursuant to this section, the________________________________________________________________________38 commissioner may, in his or her discretion, deny a registration or________________________________________________________________________39 renewal application to any other person for the same vehicle and may________________________________________________________________________40 deny a registration or renewal application for any other motor vehicle________________________________________________________________________41 registered in the name of the applicant where the commissioner has________________________________________________________________________42 determined that such applicant's intent is to evade the purposes of this________________________________________________________________________43 subdivision and where the commissioner has reasonable grounds to believe________________________________________________________________________44 that such registration or renewal will have the effect of defeating the________________________________________________________________________45 purposes of this subdivision. Such denial shall only remain in effect________________________________________________________________________46 as long as the notices of liability remain unanswered or the penalties________________________________________________________________________47 unpaid. Terms defined in section eleven hundred eighty-one-a of this________________________________________________________________________48 chapter shall be defined in the same way for purposes of this section.______________________________________________________________________49 b. Any notices required to be sent to the commissioner pursuant to______________________________________________________________________50 this section shall be submitted in such form and manner as the commis-________________________________________________________________________51 sioner may prescribe._____________________52 § 2. Section 510 of the vehicle and traffic law is amended by adding a53 new subdivision 4-f to read as follows:

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1 4-f. Suspension of registration for failure to answer or pay penalties______________________________________________________________________2 with respect to certain violations. a. Upon the receipt of a notifica-________________________________________________________________________3 tion by or on behalf of the division of criminal justice services, or________________________________________________________________________4 any agency, division or authority so designated by such division, that________________________________________________________________________5 an owner of a motor vehicle has failed to answer within the required________________________________________________________________________6 time or has failed to pay any penalty imposed following the entry of a________________________________________________________________________7 final decision of liability by such division, agency or authority in________________________________________________________________________8 response to a total of six or more notices of liability charging such________________________________________________________________________9 owner with a violation of paragraph two of subdivision (d) or subdivi-________________________________________________________________________10 sion (f) of section eleven hundred eighty of this chapter in accordance________________________________________________________________________11 with the provisions of section eleven hundred eighty-one-a of this chap-________________________________________________________________________12 ter, the commissioner, or his or her agent, shall suspend the registra-________________________________________________________________________13 tion of the vehicle or vehicles involved in the violations or the privi-________________________________________________________________________14 lege of operation of any motor vehicle owned by the registrant. Such________________________________________________________________________15 suspension shall take effect no less than thirty days from the date on________________________________________________________________________16 which notice thereof is sent by the commissioner to the person whose________________________________________________________________________17 registration or privilege is suspended, and shall remain in effect until________________________________________________________________________18 such registrant has appeared in response to such notice of liability or________________________________________________________________________19 has paid such penalty in each such instance. Terms defined in section________________________________________________________________________20 eleven hundred eighty-one-a of this chapter shall be defined in the same________________________________________________________________________21 way for purposes of this section._________________________________22 b. Any notices required to be sent to the commissioner pursuant to______________________________________________________________________23 this section shall be submitted in such form and manner as the commis-________________________________________________________________________24 sioner may prescribe._____________________25 § 3. The vehicle and traffic law is amended by adding a new section26 1181-a to read as follows:27 § 1181-a. Owner liability for operation in excess of certain posted______________________________________________________________________28 speed limits. 1. Notwithstanding any other provision of law, and in________________________________________________________________________29 accordance with this section, rules and regulations may be promulgated________________________________________________________________________30 by the division of state police, the division of criminal justice________________________________________________________________________31 services, and any agency, division or authority so designated by the________________________________________________________________________32 division of criminal justice services, to establish a photo-monitoring________________________________________________________________________33 program and to impose monetary liability on the owner of a vehicle that________________________________________________________________________34 is operated in excess of a maximum speed limit in violation of paragraph________________________________________________________________________35 two of subdivision (d) or subdivision (f) of section eleven hundred________________________________________________________________________36 eighty of this article for failing to obey posted speed limits in work________________________________________________________________________37 zones and designated stretches of highway. The superintendent of state________________________________________________________________________38 police shall determine the locations in which the photo-monitoring________________________________________________________________________39 program shall be established in consultation with the commissioner of________________________________________________________________________40 the department of transportation. No more than fifty operating photo-________________________________________________________________________41 monitoring systems shall be in place at any given time. Signs alerting________________________________________________________________________42 motorists to the presence of photo-monitoring devices shall be placed at________________________________________________________________________43 least three hundred yards in advance of the location of such device.____________________________________________________________________44 2. The owner of a vehicle shall be liable for a civil penalty imposed______________________________________________________________________45 pursuant to this section except as provided in subdivisions ten and________________________________________________________________________46 eleven of this section and, provided, however, that no owner of a vehi-________________________________________________________________________47 cle shall be liable for a penalty imposed pursuant to this section where________________________________________________________________________48 the operator of such vehicle has been charged with a violation of________________________________________________________________________49 section eleven hundred eighty of this article for the same incident.____________________________________________________________________50 3. For purposes of this section, the term "owner" shall mean any______________________________________________________________________51 person, corporation, partnership, firm, agency, association, lessor or________________________________________________________________________52 organization who, at the time of the violation and with respect to the________________________________________________________________________53 vehicle identified in the notice of liability: (a) is the beneficial or________________________________________________________________________54 equitable owner of such vehicle; or (b) has title to such vehicle; or________________________________________________________________________55 (c) is the registrant or co-registrant of such vehicle which is regis-________________________________________________________________________56 tered with the department of motor vehicles of this state or any other________________________________________________________________________

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1 state, territory, district, province, nation or other jurisdiction and________________________________________________________________________2 includes (d) a person entitled to the use and possession of a vehicle________________________________________________________________________3 subject to a security interest in another person. For purposes of this________________________________________________________________________4 section, the term "photo-monitoring system" shall mean a vehicle speed________________________________________________________________________5 sensor that automatically produces one or more photographs, one or more________________________________________________________________________6 microphotographs, a videotape or other recorded images of vehicles trav-________________________________________________________________________7 eling at the location of such device. For purposes of this section, the________________________________________________________________________8 term "vehicle" shall mean every device in, upon or by which a person or________________________________________________________________________9 property is or may be transported or drawn upon a highway.__________________________________________________________10 4. A certificate, sworn to or affirmed by an agent of the division,______________________________________________________________________11 agency or authority which charged that the violation occurred, or a________________________________________________________________________12 facsimile thereof, based upon inspection of photographs, microphoto-________________________________________________________________________13 graphs, videotape or other recorded images produced by a photo-monitor-________________________________________________________________________14 ing system shall be prima facie evidence of the facts contained therein________________________________________________________________________15 and shall be admissible into evidence in any review of the liability for________________________________________________________________________16 such violation._______________17 5. An owner found liable for a violation of paragraph two of subdivi-______________________________________________________________________18 sion (d) of section eleven hundred eighty of this article pursuant to________________________________________________________________________19 this section shall be liable for a monetary penalty of fifty dollars.________________________________________________________________________20 An owner found liable for a violation of subdivision (f) of section________________________________________________________________________21 eleven hundred eighty of this article pursuant to this section shall be________________________________________________________________________22 liable for a monetary penalty of one hundred dollars._____________________________________________________23 6. An imposition of liability pursuant to this section shall be based______________________________________________________________________24 upon a preponderance of evidence as submitted. An imposition of liabil-________________________________________________________________________25 ity pursuant to this section shall not be deemed a conviction as an________________________________________________________________________26 operator and shall not be made part of the motor vehicle operating________________________________________________________________________27 record, furnished pursuant to section three hundred fifty-four of this________________________________________________________________________28 chapter, of the person upon whom such liability is imposed nor shall it________________________________________________________________________29 be used for insurance purposes in the provision of motor vehicle insur-________________________________________________________________________30 ance coverage.______________31 7. (a) A notice of liability shall be sent by first class mail to each______________________________________________________________________32 person alleged to be liable, pursuant to this section, as an owner for a________________________________________________________________________33 violation of paragraph two of subdivision (d) or subdivision (f) of________________________________________________________________________34 section eleven hundred eighty of this article. Such notice shall be________________________________________________________________________35 mailed no later than forty-five days after the alleged violation except________________________________________________________________________36 as provided in subdivision ten of this section. Personal delivery on the________________________________________________________________________37 owner shall not be required. A manual or automatic record of mailing________________________________________________________________________38 prepared in the ordinary course of business shall be prima facie________________________________________________________________________39 evidence of the mailing of the notice.______________________________________40 (b) A notice of liability shall contain the name and address of the______________________________________________________________________41 person alleged to be liable as an owner for a violation of paragraph two________________________________________________________________________42 of subdivision (d) or subdivision (f) of section eleven hundred eighty________________________________________________________________________43 of this article, the registration number of the vehicle involved in such________________________________________________________________________44 violation, the location where such violation took place, the date and________________________________________________________________________45 time of such violation, the identification number of the photo-monitor-________________________________________________________________________46 ing system that recorded the violation or other document locator number.________________________________________________________________________47 (c) The notice of liability shall also contain information advising______________________________________________________________________48 the person charged of the manner and time in which such person may________________________________________________________________________49 request a copy of the photographs, microphotographs, videotape or other________________________________________________________________________50 recorded images produced by a photo-monitoring system and the certif-________________________________________________________________________51 icate that charged that the violation occurred. Such request shall be________________________________________________________________________52 submitted within forty-five days of mailing of the notice of liability._______________________________________________________________________53 (d) The notice of liability shall contain information advising the______________________________________________________________________54 person charged of the manner and the time in which such person may chal-________________________________________________________________________55 lenge the liability alleged in the notice. Such notice of liability________________________________________________________________________56 shall also contain a warning to advise the person charged that failure________________________________________________________________________

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1 to answer or challenge in the manner and time provided shall be deemed________________________________________________________________________2 an admission of liability and that a default judgment may be entered as________________________________________________________________________3 a final decision of liability thereon.______________________________________4 (e) Failure to answer a notice of liability within forty-five days of______________________________________________________________________5 mailing of the notice shall result in the entry of a default judgment________________________________________________________________________6 and the immediate conversion of the notice of liability into a final________________________________________________________________________7 decision of liability against the owner.________________________________________8 8. Review of a challenge to the liability imposed upon owners by this______________________________________________________________________9 section shall be conducted by a liability review examiner. Liability________________________________________________________________________10 review examiners shall be appointed by the commissioner of the division________________________________________________________________________11 of criminal justice services and shall be employees of the division of________________________________________________________________________12 criminal justice services. The commissioner of the division of criminal________________________________________________________________________13 justice services may appoint as many liability review examiners as are________________________________________________________________________14 needed for review of challenges to liability pursuant to this section,________________________________________________________________________15 within amounts appropriated therefor. Written challenges to liability________________________________________________________________________16 shall be submitted to the division of criminal justice services by________________________________________________________________________17 owners within forty-five days of mailing of the notice of liability or________________________________________________________________________18 within forty-five days of mailing of the photographs, microphotographs,________________________________________________________________________19 videotape or other recorded images and the certificate, whichever is________________________________________________________________________20 later. The commissioner of the division of criminal justice services________________________________________________________________________21 shall promulgate rules and regulations governing the review of chal-________________________________________________________________________22 lenges to liability imposed upon owners pursuant to this section which________________________________________________________________________23 shall, at a minimum, require a liability review examiner to inspect the________________________________________________________________________24 photographs, microphotographs, videotape or other recorded images________________________________________________________________________25 produced by a photo-monitoring system and the certificate, or any other________________________________________________________________________26 written information the examiner deems relevant, review the owner's________________________________________________________________________27 written challenge to liability and the accuracy of the information________________________________________________________________________28 alleged in the notice of liability, and issue a final decision of________________________________________________________________________29 liability within thirty days of receipt of the challenge._________________________________________________________30 9. If an owner receives a notice of liability pursuant to this section______________________________________________________________________31 for any time period during which the vehicle was reported to the police________________________________________________________________________32 department as having been stolen, it shall be a valid defense to an________________________________________________________________________33 allegation of liability for a violation of paragraph two of subdivision________________________________________________________________________34 (d) or subdivision (f) of section eleven hundred eighty of this article________________________________________________________________________35 that prior to the time of the violation, the vehicle had been reported________________________________________________________________________36 to the police as stolen, and that it had not been recovered by such________________________________________________________________________37 time. For purposes of asserting the defense provided by this subdivision________________________________________________________________________38 it shall be sufficient that a certified copy of the police report on the________________________________________________________________________39 stolen vehicle be sent by first class mail to the division having juris-________________________________________________________________________40 diction.________41 10. An owner who is a lessor of a vehicle to which a notice of liabil-______________________________________________________________________42 ity was issued pursuant to subdivision seven of this section shall not________________________________________________________________________43 be liable for the violation of paragraph two of subdivision (d) or________________________________________________________________________44 subdivision (f) of section eleven hundred eighty of this article________________________________________________________________________45 provided that he or she sends to the division serving the notice of________________________________________________________________________46 liability a copy of the rental, lease or other such contract document________________________________________________________________________47 covering such vehicle on the date of the violation, with the name and________________________________________________________________________48 address of the lessee clearly legible, within thirty days after receiv-________________________________________________________________________49 ing the original notice of liability. Failure to send such information________________________________________________________________________50 within such thirty day time period shall render the lessor liable for________________________________________________________________________51 the penalty prescribed by this section. Where the lessor complies with________________________________________________________________________52 the provisions of this subdivision, the lessee of such vehicle on the________________________________________________________________________53 date of such violation shall be deemed to be the owner of such vehicle________________________________________________________________________54 for purposes of this section and shall be subject to liability for the________________________________________________________________________55 violation of paragraph two of subdivision (d) or subdivision (f) of________________________________________________________________________56 section eleven hundred eighty of this article, provided that the divi-________________________________________________________________________

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1 sion mails a notice of liability to the lessee within thirty days after________________________________________________________________________2 receiving such notice from the lessor. For purposes of this subdivision________________________________________________________________________3 the term "lessor" shall mean any person, corporation, firm, partnership,________________________________________________________________________4 agency, association or organization engaged in the business of renting________________________________________________________________________5 or leasing vehicles to any lessee under a rental agreement, lease or________________________________________________________________________6 otherwise wherein the said lessee has the use of said vehicle for any________________________________________________________________________7 period of time. For purposes of this subdivision, the term "lessee"________________________________________________________________________8 shall mean any person, corporation, firm, partnership, agency, associ-________________________________________________________________________9 ation or organization that rents, leases or contracts for the use of one________________________________________________________________________10 or more vehicles and has use thereof for any period of time.____________________________________________________________11 11. Except as provided in subdivision ten of this section, if a person______________________________________________________________________12 receives a notice of liability pursuant to this section it shall be a________________________________________________________________________13 valid defense to an allegation of liability for a violation of paragraph________________________________________________________________________14 two of subdivision (d) or subdivision (f) of section eleven hundred________________________________________________________________________15 eighty of this article that the individual who received the notice of________________________________________________________________________16 liability pursuant to this section was not an owner of the vehicle at________________________________________________________________________17 the time the violation occurred or that the vehicle was used without the________________________________________________________________________18 owner's express or implied permission. If the owner liable for a________________________________________________________________________19 violation of paragraph two of subdivision (d) or subdivision (f) of________________________________________________________________________20 section eleven hundred eighty of this article pursuant to this section________________________________________________________________________21 was not the operator of the vehicle at the time of the violation, the________________________________________________________________________22 owner may maintain an action for indemnification against the operator.______________________________________________________________________23 12. Nothing in this section shall be construed to limit the liability______________________________________________________________________24 of an operator of a vehicle for any violation of any provision of law.______________________________________________________________________25 13. Notwithstanding any other provision of law, all photographs,______________________________________________________________________26 microphotographs, videotape or other recorded images prepared pursuant________________________________________________________________________27 to this section shall be for the use of governmental agencies or author-________________________________________________________________________28 ities in the discharge of their duties and shall not be made available________________________________________________________________________29 to the public except as expressly provided for in this section._______________________________________________________________30 § 4. This act shall take effect immediately.

31 PART I

32 Section 1. Subdivision 1 of section 259-b of the executive law, as33 amended by chapter 123 of the laws of 1987, is amended to read as34 follows:35 1. There shall be in the state division of parole a state board of36 parole which shall possess the powers and duties hereinafter specified.37 Such board shall consist of not more than [nineteen] thirteen members________38 appointed by the governor with the advice and consent of the senate. The39 term of office of each member of such board shall be for [six] five____40 years; provided, however, that any member chosen to fill a vacancy41 occurring otherwise than by expiration of term shall be appointed for42 the remainder of the unexpired term of the member whom he is to succeed.43 In the event of the inability to act of any member, the governor may44 appoint some competent informed person to act in his stead during the45 continuance of such disability.46 § 2. This act shall take effect immediately; provided that (a) for all47 current members of the state board of parole that have served five years48 or more of their current term of office, their term of office shall49 expire on the effective date of this act, and (b) all other current50 members of the state board of parole shall serve no more than five years51 of their current term provided that such members of the state board of52 parole shall continue to discharge their duties after the expiration of53 their term until a successor is chosen and confirmed.

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1 PART J

2 Section 1. Subdivisions 4 and 13 of section 500-b of the correction3 law, subdivision 4 as added by chapter 907 of the laws of 1984 and4 subdivision 13 as amended by chapter 574 of the laws of 1985, are5 amended to read as follows:6 4. (a) No person under nineteen years of age shall be placed or kept___7 or allowed to be at any time with any prisoner or prisoners [nineteen]8 twenty-two years of age or older, in any room, dormitory, cell or tier__________9 of the buildings of such institution unless separately grouped to10 prevent access to persons under nineteen years of age by prisoners11 [nineteen] twenty-two years of age or older.__________12 (b) Persons nineteen, twenty or twenty-one years of age may, at the______________________________________________________________________13 discretion of the chief administrative officer, be placed or kept either________________________________________________________________________14 with persons under nineteen years of age or with persons over twenty-two________________________________________________________________________15 years of age, provided however that in making the decision on where to________________________________________________________________________16 house such nineteen, twenty or twenty-one year old persons, the chief________________________________________________________________________17 administrative officer shall consider all of the factors set forth in________________________________________________________________________18 paragraph (a) of subdivision seven of this section.___________________________________________________19 13. Where in the opinion of the chief administrative officer an emer-20 gency overcrowding condition exists in a local correctional facility21 caused in part by the [prohibition against the commingling of persons22 under nineteen years of age with persons nineteen years of age or older23 or the commingling of persons nineteen years of age or older with24 persons under nineteen years of age] restrictions upon commingling of___________________________________25 categories of persons set forth in subdivision four of this section, the___________________________________________________________________26 chief administrative officer may apply to the commission for permission27 to commingle the aforementioned categories of inmates for a period not28 to exceed thirty days as provided herein. The commission shall acknowl-29 edge to the chief administrative officer the receipt of such application30 upon its receipt. The chief administrative officer shall be permitted31 to commingle such inmates upon acknowledgment of receipt of the applica-32 tion by the commission. The commission shall assess the application33 within seven days of receipt. The commission shall deny any such appli-34 cation and shall prohibit the continued commingling of such inmates35 where it has found that the local correctional facility does not meet36 the criteria set forth in this subdivision and further is in substantial37 noncompliance with minimum staffing requirements as provided in commis-38 sion rules and regulations. In addition, the commission shall determine39 whether the commingling of such inmates presents a danger to the health,40 safety or welfare of any such inmate. If no such danger exists the chief41 administrative officer may continue the commingling until the expiration42 of the aforementioned thirty day period or until such time as he deter-43 mines that the overcrowding which necessitated the commingling no longer44 exists, whichever occurs first. In the event the commission determines45 that such danger exists, it shall immediately notify the chief adminis-46 trative officer, and the commingling of such inmates shall cease. Such47 notification shall include specific measures which should be undertaken48 by the chief administrative officer, to correct such dangers. The chief49 administrative officer may correct such dangers and reapply to the50 commission for permission to commingle; however, no commingling may take51 place until such time as the commission certifies that the facility is52 now in compliance with the measures set forth in the notification under53 this subdivision. When such certification has been received by the chief54 administrative officer, the commingling may continue for thirty days,55 less any time during which the chief administrative officer commingled

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1 such inmates following his application to the commission, or until such2 time as he determines that the overcrowding which necessitated the3 commingling no longer exists, whichever occurs first. The chief adminis-4 trative officer may apply for permission to commingle such inmates for5 up to two additional thirty day periods, in conformity with the6 provisions and the requirements of this subdivision, in a given calendar7 year. For the period ending December thirtieth, nineteen hundred eight-8 y-four, a locality may not apply for more than one thirty day commin-9 gling period.10 § 2. Subdivisions 1 and 2 of section 182.20 of the criminal procedure11 law, subdivision 1 as amended by chapter 332 of the laws of 2009 and12 subdivision 2 as added by chapter 689 of the laws of 1993, are amended13 to read as follows:14 1. Notwithstanding any other provision of law and except as provided15 in section 182.30 of this article, the court, in its discretion, may16 dispense with the personal appearance of the defendant, except an17 appearance at a hearing or trial, and conduct an electronic appearance18 in connection with a criminal action [pending in Albany, Bronx, Broome,19 Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,20 Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-21 gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,22 Suffolk, Herkimer or Franklin county], provided that the chief adminis-23 trator of the courts has authorized the use of electronic appearance24 [and the defendant, after consultation with counsel, consents on the25 record. Such consent shall be required at the commencement of each elec-26 tronic appearance to such electronic appearance].27 2. If, for any reason, the court determines on its own motion or on28 the motion of any party that the conduct of an electronic appearance may29 impair the legal rights of the defendant, it shall not permit the elec-30 tronic appearance to proceed. If[, for any other articulated reason,31 either party requests at any time during the electronic appearance that32 such appearance be terminated] the court commences and then terminates_______________________________________33 an electronic appearance, the court shall [grant such request and]________________________34 adjourn the proceeding to a date certain. Upon the adjourned date the35 proceeding shall be recommenced from the point at which [the request for36 termination of] the electronic appearance [had been granted] was termi-___________37 nated._____38 § 3. Subdivisions 6 and 12 of section 500-b of the correction law, as39 added by chapter 907 of the laws of 1984, are amended to read as40 follows:41 6. The commission shall promulgate rules and regulations in accordance42 with subdivisions seven and eight of this section to assure that persons43 in custody in local correctional facilities will be afforded appropriate44 precautions for their personal safety and welfare in assignment to hous-45 ing, including care or treatment in a facility operated infirmary.______________________________________________________________46 12. (a) The provisions of this section shall govern only the assign-___47 ment of persons to facility housing units and shall not be construed to48 prohibit the commingling of persons during their participation in any49 facility program or activity, including meals and visitations.50 (b) Notwithstanding any other provision of law, it shall not be______________________________________________________________________51 prohibited to house men and women receiving care or treatment in a________________________________________________________________________52 facility operated infirmary, provided that proper separation is main-________________________________________________________________________53 tained according to rules and regulations that shall be promulgated by________________________________________________________________________54 the commission._______________55 § 4. Subdivision 2-a of section 72 of the correction law, as added by56 chapter 268 of the laws of 1973, is amended to read as follows:

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1 2-a. The commissioner, superintendent, or director of an institution2 in which an inmate is confined, may permit an inmate, wishing to do so,3 to leave the institution under guard for the purpose of performing4 volunteer labor or services when in the public interest upon the threat5 or occurrence of a natural disaster, including but not limited to flood,6 earthquake, hurricane, landslide or fire. An inmate may also be permit-_____________________________7 ted to leave the institution under guard to voluntarily perform work for________________________________________________________________________8 a nonprofit organization pursuant to this subdivision. As used in this________________________________________________________________________9 subdivision, the term "nonprofit organization" means an organization________________________________________________________________________10 operated exclusively for religious, charitable, or educational purposes,________________________________________________________________________11 no part of the net earnings of which inures to the benefit of any________________________________________________________________________12 private shareholder or individual.__________________________________13 § 5. Section 170 of the correction law is amended by adding a new14 subdivision 3 to read as follows:15 3. Notwithstanding any other provision of law, an inmate may be______________________________________________________________________16 permitted to leave the institution under guard to voluntarily perform________________________________________________________________________17 work for a nonprofit organization. As used in this section, the term________________________________________________________________________18 "nonprofit organization" means an organization operated exclusively for________________________________________________________________________19 religious, charitable, or educational purposes, no part of the net earn-________________________________________________________________________20 ings of which inures to the benefit of any private shareholder or indi-________________________________________________________________________21 vidual._______22 § 6. Subdivision 6 of section 177 of the correction law, as renumbered23 by section 1 of part K of chapter 56 of the laws of 2009, is renumbered24 subdivision 7 and a new subdivision 6 is added to read as follows:25 6. Notwithstanding any other provision of law, an inmate may be______________________________________________________________________26 permitted to leave the institution under guard to voluntarily perform________________________________________________________________________27 work for a nonprofit organization. As used in this section, the term________________________________________________________________________28 "nonprofit organization" means an organization operated exclusively for________________________________________________________________________29 religious, charitable, or educational purposes, no part of the net earn-________________________________________________________________________30 ings of which inures to the benefit of any private shareholder or indi-________________________________________________________________________31 vidual._______32 § 7. Section 500-d of the correction law, as amended by chapter 403 of33 the laws of 1986, is amended to read as follows:34 § 500-d. Food and labor. (1) Prisoners detained for trial, and those___35 under sentence, shall be provided with a sufficient quantity of plain36 but wholesome food, at the expense of the county; such foods shall be37 purchased in the manner and subject to the regulations provided in38 section four hundred eight of the county law; but prisoners detained for39 trial may, at their own expense, and under the direction of the keeper,40 be supplied with any other proper articles of food.41 (2) Such keeper shall cause each prisoner committed to his jail for___42 imprisonment under sentence, to be constantly employed at hard labor43 when practicable, during every day, except Sunday but the Sunday excep-44 tion shall not apply where a prisoner under sentence of intermittent45 imprisonment serves less than the five preceding days in the jail and46 the keeper has adopted an employment program designed especially for47 intermittent imprisonment, and the board of supervisors of the county,48 or judge of the county, may prescribe the kind of labor at which such49 prisoner shall be employed; and the keeper shall account, at least annu-50 ally, with the board of supervisors of the county, for the proceeds of51 such labor.52 (3) Such keeper may, with the consent of the board of supervisors of___53 the county, or the county judge, from time to time, cause such of the54 convicts under his charge as are capable of hard labor, to be employed55 outside of the jail in the same, or in an adjoining county, upon such56 terms as may be agreed upon between the keepers and the officers, or

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1 persons, under whose direction such convicts shall be placed, subject to2 such regulations as the board or judge may prescribe; and the board of3 supervisors of the several counties are authorized to employ convicts4 under sentence to confinement in the county jails, in building and5 repairing penal institutions of the county and in building and repairing6 the highways in their respective counties or in preparing the materials7 for such highways for sale to and for the use of the state, counties,8 towns, villages or cities, and in cutting wood and performing other work9 which is commonly carried on at a prison camp, and to make rules and10 regulations for their employment; and the said board of supervisors are11 hereby authorized to cause money to be raised by taxation for the12 purpose of furnishing materials and carrying this provision into effect;13 and the courts of this state are hereby authorized to sentence convicts14 committed to detention in the county jails to such hard labor as may be15 provided for them by the boards of supervisors. This section as amended16 shall not affect a county wholly included within a city. Notwithstand-_____________17 ing any other provision of law, an inmate may be permitted to leave the________________________________________________________________________18 institution under guard to voluntarily perform work for a nonprofit________________________________________________________________________19 organization pursuant to this subdivision. As used in this section, the________________________________________________________________________20 term "nonprofit organization" means an organization operated exclusively________________________________________________________________________21 for religious, charitable, or educational purposes, no part of the net________________________________________________________________________22 earnings of which inures to the benefit of any private shareholder or________________________________________________________________________23 individual.___________24 § 8. This act shall take effect immediately, provided however that:25 (a) the amendments to section 500-b of the correction law made by26 sections one and three of this act shall not affect the repeal of such27 section and shall be deemed to be repealed therewith; and28 (b) the amendments to section 180.20 of the criminal procedure law29 made by section two of this act shall not affect the repeal of such30 section and shall be deemed to be repealed therewith; and31 (c) section three of this act shall become effective upon promulgation32 of rules and regulations by the commission of correction as referenced33 in such section three.

34 PART K

35 Section 1. Paragraph (e) of subdivision 2 of section 39 of the judici-36 ary law, as amended by section 22 of part J of chapter 62 of the laws of37 2003, is amended to read as follows:38 (e) All fees collected pursuant to sections eighteen hundred three,39 eighteen hundred three-A and nineteen hundred eleven of the New York40 city civil court act, all fees collected pursuant to state law by the41 county clerks in the city of New York, except as otherwise provided42 herein with respect to fees collected pursuant to subdivision (a) of43 section eight thousand eighteen of the civil practice law and rules and44 except those fees collected by the clerk of Richmond county which in the45 other counties of the city of New York are collected by the city regis-46 ters, all fees collected pursuant to section eight thousand eighteen of47 the civil practice law and rules except only to the extent of [one48 hundred sixty-five] two hundred fifteen dollars of any fee collected___________________49 pursuant to subdivision (a) of such section and except for those50 collected pursuant to paragraph three of such subdivision (a), all fees51 collected pursuant to section eight thousand twenty of the civil prac-52 tice law and rules except for those collected pursuant to subdivisions53 (f), (g) and (h) of said section, all fees collected pursuant to section54 eight thousand twenty-two of the civil practice law and rules, all fees

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1 collected pursuant to section twenty-four hundred two of the surrogate's2 court procedure act, all fees collected pursuant to section eighteen3 hundred three, eighteen hundred three-A and subdivision (a) of section4 nineteen hundred eleven of the uniform district court act, all fees5 collected pursuant to section eighteen hundred three, eighteen hundred6 three-A and subdivision (a) of section nineteen hundred eleven of the7 uniform city court act and all fines, penalties and forfeitures8 collected pursuant to subdivision eight of section eighteen hundred9 three of the vehicle and traffic law, except such fines, penalties and10 forfeitures collected by the Nassau county traffic and parking11 violations agency, section 71-0211 of the environmental conservation12 law, section two hundred one of the navigation law and subdivision one13 of section 27.13 of the parks, recreation and historic preservation law14 shall be paid to the state commissioner of taxation and finance on a15 monthly basis no later than ten days after the last day of each month.16 The additional fee of five dollars collected by county clerks in New17 York city pursuant to paragraph three of subdivision (a) of section18 eight thousand eighteen of the civil practice law and rules shall be19 distributed monthly by the county clerks as follows: four dollars and20 seventy-five cents to the commissioner of education for deposit into the21 local government records management improvement funds; and twenty-five22 cents to the city of New York.23 § 2. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-24 tice law and rules, as amended by section 23 of part J of chapter 62 of25 the laws of 2003, is amended to read as follows:26 1. A county clerk is entitled, for the assignment of an index number27 to an action pending in a court of which he or she is clerk, to a fee of28 [one hundred ninety] two hundred forty dollars, payable in advance._________________29 § 3. Subdivision (a) of section 8020 of the civil practice law and30 rules, as amended by section 25 of part J of chapter 62 of the laws of31 2003, is amended to read as follows:32 (a) Placing cause on calendar. For placing a cause on a calendar for33 trial or inquest, one hundred twenty-five dollars in the supreme court34 and county court; except that where rules of the chief administrator of35 the courts require that a request for judicial intervention be made in36 an action pending in supreme court or county court, the county clerk37 shall be entitled to a fee of ninety-five dollars, payable before a38 judge may be assigned pursuant to such request, and thereafter, for39 placing such a cause on a calendar for trial or inquest, the county40 clerk shall be entitled to an additional fee of thirty dollars, and no41 other fee may be charged thereafter pursuant to this subdivision; except42 that the county clerk shall be entitled to a fee of [forty-five] one___43 hundred twenty dollars upon the filing of each motion or cross motion in______________44 such action. However, no fee shall be imposed for a motion which seeks45 leave to proceed as a poor person pursuant to subdivision (a) of section46 eleven hundred one of this chapter.47 § 4. Subdivision (b) of section 8022 of the civil practice law and48 rules, as amended by section 6 of part B of chapter 686 of the laws of49 2003, is amended to read as follows:50 (b) The clerks of the appellate divisions of the supreme court and the51 clerk of the court of appeals are entitled, upon the filing of a record52 on a civil appeal or a statement in lieu of record on a civil appeal, as53 required by rule 5530 of this chapter, to a fee of three hundred fifteen54 dollars, payable in advance. The clerks of the appellate divisions also55 shall be entitled to such fee upon the filing of a notice of petition or56 order to show cause commencing a special proceeding in their respective

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1 courts. In addition, the clerks of the appellate divisions of the2 supreme court and the clerk of the court of appeals are entitled, upon3 the filing of each motion or cross motion with respect to a civil appeal4 or special proceeding, to a fee of [forty-five] one hundred twenty__________________5 dollars, payable in advance. However, no fee shall be imposed for a6 motion or cross motion which seeks leave to prosecute or defend a civil7 appeal or special proceeding as a poor person pursuant to subdivision8 (a) of section eleven hundred one of this chapter.9 § 5. Paragraph 2 of subdivision (a) of section 1911 of the uniform10 district court act, as amended by section 33 of part J of chapter 62 of11 the laws of 2003, is amended to read as follows:12 (2) Upon filing the first paper in an action or proceeding, including13 a special proceeding for the settlement of a claim of an infant or14 incompetent, [forty-five] sixty dollars, unless there has been paid a_____15 fee of forty-five dollars for the issuance of a summons, order of arrest16 or attachment, requisition or warrant of seizure, or a notice of17 petition or order to show cause in lieu thereof in a summary proceeding,18 as provided for by [subparagraph (1) hereof] paragraph (1) of this_____________________19 subdivision.___________20 § 6. Paragraph 1 of subdivision (a) of section 1911 of the uniform21 city court act, as amended by section 5 of part B of chapter 686 of the22 laws of 2003, is amended to read as follows:23 (1) Upon the filing of the first paper in any action or proceeding,24 [forty-five] sixty dollars, unless there has already been paid a fee of_____25 forty-five dollars as provided for by paragraph (11) [hereof] of this________26 subdivision.___________27 § 7. Subdivision (b) of section 1911 of the New York city civil court28 act, as amended by section 36 of part J of chapter 62 of the laws of29 2003, is amended to read as follows:30 (b) Upon filing summons with proof of service thereof, or upon filing31 of the first paper in that county in any action or proceeding,32 [forty-five] sixty dollars, unless there has been paid in that county a_____33 fee of forty-five dollars pursuant to subdivision (a) [hereof] of this________34 section._______35 § 8. This act shall take effect July 1, 2010.

36 PART L

37 Section 1. Subdivision 1 of section 106 of the uniform justice court38 act, as amended by chapter 499 of the laws of 1977, is amended to read39 as follows:40 1. A justice may hold court anywhere in the municipality including in41 the case of a town justice anywhere within a village wholly or partly42 contained within the town of which he is a justice regardless of whether43 or not said village has a village court and in the event two or more44 contiguous villages maintain offices in the same building, a village45 justice of any such village may hold court in such building, notwith-46 standing that the building is outside the boundaries of such village. A47 town justice may hold court in an adjacent town providing such justice48 has been elected or holds office pursuant to a plan established by49 resolution which was adopted pursuant to the provisions of section one50 hundred six-a of this [chapter] article or the provisions of section one________________________________________51 hundred six-b of this article. A justice may hold court in one or more________________________________________________________________________52 municipalities that form a contiguous geographic area, including in a________________________________________________________________________53 town and one or more villages each of which is wholly or partly________________________________________________________________________54 contained within such town, within the same county providing there is an________________________________________________________________________

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1 agreement between such municipalities pursuant to article five-g of the________________________________________________________________________2 general municipal law to hold all court proceedings in any of the such________________________________________________________________________3 municipalities in a courtroom or other suitable facility open to the________________________________________________________________________4 public.______5 § 2. Subdivision 1 of section 106-a of the uniform justice court act,6 as amended by chapter 237 of the laws of 2007, is amended to read as7 follows:8 1. The town boards of two or more towns that form a contiguous9 geographic area within the same county are hereby authorized to estab-10 lish a single town court to be comprised of town justices to be elected11 from each of such towns in the same manner and for the same terms as12 town justices are so elected except that [such terms shall not expire13 during the same year] the number of such terms expiring in any one year__________________________________________________14 may not exceed by more than one the number of terms expiring in any________________________________________________________________________15 other year in which terms expire. The procedure to establish such________________________________16 single court may be initiated by the town board or may be initiated by17 petition. In the event the procedure is initiated by petition, the peti-18 tion shall be addressed to each town board and shall be signed by at19 least twenty percent of the registered voters in such towns.20 § 3. Subdivision 3 of section 106-a of the uniform justice court act,21 as amended by chapter 237 of the laws of 2007, is amended to read as22 follows:23 3. Such petition shall be filed in the office of the town clerk of one24 of such towns and a certified copy shall be filed in the office of the25 town clerk of the other town or towns.________26 § 4. Subdivision 8 of section 106-a of the uniform justice court act,27 as amended by chapter 237 of the laws of 2007, is amended to read as28 follows:29 8. In the event that each respective town board approves such resol-30 ution or petition, such boards shall prepare a joint resolution which31 shall provide that the office of one justice in each town shall be abol-32 ished and that the remaining justice in each town shall have jurisdic-33 tion in each town to the same extent as if each such justice was elected34 in each town. Such joint resolution shall provide for the election of at__35 least one town justice every two years but in no case shall the number_____ _______________________________36 of terms expiring in any one year exceed by more than one the number of________________________________________________________________________37 terms expiring in any other year in which terms expire, and shall iden-________________________________________________________38 tify each justice whose office shall be abolished, and shall identify_39 each justice whose office shall be continued [to so provide for the40 election of one justice every two years].41 § 5. Subdivision 9 of section 106-a of the uniform justice court act,42 as amended by chapter 237 of the laws of 2007, is amended to read as43 follows:44 9. In the event no agreement can be reached as to which offices shall45 be abolished, the [office] offices to be [first] abolished by such_______46 resolution shall be chosen from each of the offices of town justice by47 lot. [In the event it is determined by lot that the office of justice to48 be first abolished is an office, the term of which will expire in more49 than two years, such office shall be abolished as provided in such50 resolution. The office of town justice that shall also then be abolished51 in the other town shall be that office which would have expired in less52 than two years. In the event it is determined by lot that the office of53 town justice to be abolished is an office, the term of which will expire54 in less than two years, such office shall be abolished as provided in55 such resolution. The office of town justice that shall also be abol-56 ished in any town shall be that office which would have expired in more

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1 than two years] However in no case shall an office be chosen by lot to________________________________________________________2 be abolished that would cause the remaining offices to violate the________________________________________________________________________3 requirements of subdivision eight of this section._________________________________________________4 § 6. Subdivision 11 of section 106-a of the uniform justice court act,5 as added by chapter 499 of the laws of 1977, is amended to read as6 follows:7 11. If such resolution is approved by a majority of the qualified8 persons voting thereon in each town such resolution shall be deemed to9 be adopted and the plan to establish a single town court shall be imple-10 mented in the manner provided in such resolution. If such resolution is11 disapproved by a majority of the qualified persons voting thereon in one12 [town] or [in both] more towns, such resolution shall be defeated and no____13 further action shall be taken to implement such plan.14 § 7. Subdivision 12 of section 106-a of the uniform justice court act,15 as added by chapter 499 of the laws of 1977, is amended to read as16 follows:17 12. Any town justice continuing in office pursuant to such plan and18 any town justice hereafter elected pursuant to the plan established in19 such resolution shall have jurisdiction in each [adjacent] town in the_______20 contiguous geographic area to the same extent and effect as if such town__________________________21 justice were elected in each such town.22 § 8. This act shall take effect April 1, 2010.

23 PART M

24 Section 1. 1. Mandates. As used in this section, "mandate" means any25 rule or regulation issued by the chief judge of the court of appeals or26 the chief administrative judge that creates a new program or requires a27 higher level of service for an existing program that a local government28 is required to provide.29 2. Impact of local mandates. (a) There shall be no new mandates30 imposed on a local government without a public accounting of the31 expected impact on such local government, which public accounting shall32 include the fiscal impacts of such mandate, a cost-benefit analysis,33 documentation of input sought and received from the affected local34 government, and proposed sources of revenue to fund such mandate.35 (b) Notwithstanding paragraph (a) of this subdivision, such a mandate36 may be imposed without such accounting if such mandate is necessary to37 protect against an urgent threat to public health or safety, provided38 that such accounting shall be completed promptly thereafter.39 § 2. This act shall take effect immediately.

40 PART N

41 Section 1. Section 2431 of the public authorities law is amended by42 adding a new closing paragraph to read as follows:43 It is further declared to be in the public interest and it is the______________________________________________________________________44 policy of the state to provide a means by which state and local first-________________________________________________________________________45 responder public safety agencies can establish regional communications________________________________________________________________________46 capabilities, intended to serve as a part of a statewide interoperable________________________________________________________________________47 network, and to do so by authorizing a state instrumentality to borrow________________________________________________________________________48 money and use the proceeds to purchase obligations issued by a munici-________________________________________________________________________49 pality or enter into special public safety communications financing________________________________________________________________________50 agreements with a municipality to fund these communications capabili-________________________________________________________________________51 ties, thereby resulting in savings for taxpayers._________________________________________________

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1 § 2. Subdivisions 2, 3 and 10 of section 2432 of the public authori-2 ties law, as amended by section 2 of part E of chapter 494 of the laws3 of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions4 26 and 27 and three new subdivisions 25, 28 and 29 are added to read as5 follows:6 (2) "Bonds" and "Notes". The bonds and notes, including any special7 program bonds, special school purpose bonds, [and] recovery act bonds,8 and public safety communications bonds respectively issued by the agency______________________________________9 pursuant to this title. Bonds and notes shall not include any tax lien10 collateralized securities issued pursuant to this title.11 (3) "Municipal Bond". A bond or note or evidence of debt payable from12 any local revenues, including taxes, assessments and rents, which a13 municipality may lawfully issue to finance local improvements and public14 purposes, including local ARRA bonds and local public safety communi-___________________________________15 cations bonds, but does not include (a) any bond or note or evidence of______________16 debt issued by any other state or any public body or municipal corpo-17 ration thereof, (b) any special program agreement, or (c) any special18 school purpose agreement or any special school deficit program agree-19 ment.20 (10) "Debt Service Reserve Fund Requirement". With respect to any debt21 service reserve fund created by section twenty-four hundred thirty-nine22 of this title relating to bonds other than special program bonds or23 special school purpose bonds or special school deficit program bonds or24 recovery act bonds or public safety communications bonds, as of any_______________________________________25 particular date of computation, an amount of money equal to the greatest26 of the respective amounts, for the then current or any succeeding calen-27 dar year, of annual debt service payments required to be made to the28 agency on all municipal bonds purchased with the proceeds of bonds which29 bonds are secured by such debt service reserve fund, such annual debt30 service payments for any calendar year being an amount of money equal to31 the aggregate of (a) all interest payable during such calendar year on32 all municipal bonds purchased by the agency and then outstanding on said33 date of computation which are secured by such debt service reserve fund,34 plus (b) the principal amount of all municipal bonds purchased by the35 agency and then outstanding on said date of computation which mature36 during such calendar year and are secured by such debt service reserve37 fund; and with respect to any debt service reserve fund created by38 section twenty-four hundred thirty-nine of this title relating to an39 issue or issues of special program bonds or special school purpose bonds40 or special school deficit program bonds or recovery act bonds or public_________41 safety communications bonds, such amount as shall be determined by the___________________________42 agency.43 (25) "Public safety communications bonds". Bonds of the agency, all or______________________________________________________________________44 a portion of the proceeds of which are used to purchase a local public________________________________________________________________________45 safety communication bond or enter into a special public safety communi-________________________________________________________________________46 cations financing agreement, payable, in each case, from such funds as________________________________________________________________________47 shall be provided therefor. The amount of such bonds issued by the agen-________________________________________________________________________48 cy shall not exceed one billion dollars.________________________________________49 (28) "Local public safety communications bonds". A municipal bond______________________________________________________________________50 issued to finance or fund all or a portion of the costs of building________________________________________________________________________51 regional, interoperable public communications networks for statewide use________________________________________________________________________52 by first-responder agencies in the state, including equipment and inci-________________________________________________________________________53 dental costs. Local public safety communication bonds may also be________________________________________________________________________54 issued to refinance outstanding bonds issued by municipalities for the________________________________________________________________________55 purposes described herein provided that present value savings are real-________________________________________________________________________56 ized from such a refunding.___________________________

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1 (29) "Special public safety communications financing agreement". An______________________________________________________________________2 agreement between the agency and a municipality entered into pursuant to________________________________________________________________________3 section twenty-four hundred thirty-five-f of this title.________________________________________________________4 § 3. Subdivisions 11 and 18 of section 2434 of the public authorities5 law, as amended by section 68 of part H of chapter 83 of the laws of6 2002, are amended and a new subdivision 7-c is added to read as follows:7 (7-c) To acquire and contract to acquire, and to enter into arrange-______________________________________________________________________8 ments with a municipality for the purchase of its local public safety________________________________________________________________________9 communications bonds._____________________10 (11) To make and execute contracts for the servicing of municipal11 bonds acquired by the agency pursuant to this title, and for the servic-12 ing of special program agreements, special school purpose agreements13 [and], special school deficit program agreements, and special public_ __________________14 safety communications financing agreements, and to pay the reasonable___________________________________________15 value of services rendered to the agency pursuant to those contracts;16 (18) To establish any terms and provisions with respect to any special17 program agreement, special school purpose agreement [or], special school_18 deficit program agreement or special public safety communications___________________________________________19 financing agreement, including any terms for payment, and any other___________________20 matters which are necessary, desirable or advisable in the judgment of21 the agency;22 § 4. Subdivisions 1 and 2 of section 2435 of the public authorities23 law, as amended by section 4 of part E of chapter 494 of the laws of24 2009, are amended to read as follows:25 1. The agency may purchase, and contract to purchase, municipal bonds26 from municipalities at such price or prices, upon such terms and condi-27 tions and in such manner, not inconsistent with the provisions of the28 local finance law, as the agency shall deem advisable; provided, howev-29 er, that the average interest rate payable on all municipal bonds (taken30 as a group) purchased with the proceeds of an issue of bonds shall equal31 or exceed the interest rate on such issue of bonds. The agency shall not32 purchase the municipal bonds of any municipality if (i) the aggregate33 principal amount thereof, together with the aggregate principal balances34 of the municipal bonds of such municipality then outstanding and held by35 the agency, exceed an amount equal to ten percent of the aggregate prin-36 cipal amount of the statutory authorization at the time for the issuance37 of bonds and notes, as provided in section twenty-four hundred thirty-38 eight of this title, and (ii) the aggregate principal amount thereof39 exceeds an amount equal to fifty percent of the aggregate principal40 amount of all municipal bonds proposed to be so purchased at the time;41 provided, however, that this sentence shall not apply to local ARRA42 bonds or local public safety communications bonds.___________________________________________43 2. The agency shall require as a condition of purchase of municipal44 bonds from municipalities that each such municipality shall agree (i) to45 pledge its full faith and credit for the payment of the principal of and46 interest on such municipal bonds, (ii) to make annual appropriations for47 amounts required for the payment of such principal and interest, and48 (iii) if at any time the municipality fails to make the required appro-49 priation to pay such principal and interest, or fails to make the50 payment of the required principal and interest, the provisions of51 section twenty-four hundred thirty-six and/or twenty-four hundred thir-52 ty-six-b of this title shall take effect, provided that in connection________________________________53 with special public safety communications financing agreements, the________________________________________________________________________54 agency may require that each municipality that has entered into such an________________________________________________________________________55 agreement with the agency shall agree, to the extent permitted by law,________________________________________________________________________56 (i) to pledge its full faith and credit for the payment of its obli-________________________________________________________________________

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1 gations under such special public safety communications financing agree-________________________________________________________________________2 ments, (ii) to make annual appropriations for amounts required for the________________________________________________________________________3 payment required to be made under such special public safety communi-________________________________________________________________________4 cations financing agreements. If at any time the municipality fails to________________________________________________________________________5 make the required appropriation to pay its obligations under such________________________________________________________________________6 special public safety communications financing agreements, or fails to________________________________________________________________________7 make the payment of the required amounts thereunder, the provisions of________________________________________________________________________8 section twenty-four hundred thirty-six of this title shall take effect._______________________________________________________________________9 All municipalities selling municipal bonds to the agency are hereby10 authorized to make and carry out the agreements with the agency required11 in this subdivision.12 § 5. The public authorities law is amended by adding a new section13 2436-c to read as follows:14 § 2436-c. Local public safety communications bonds. (1) The agency may______________________________________________________________________15 purchase local public safety communications bonds using the proceeds of________________________________________________________________________16 public safety communication bonds, subject to the provisions of this________________________________________________________________________17 section and to any other provision of law applicable to the municipality________________________________________________________________________18 and bonds it issues, including any debt limitation applicable to the________________________________________________________________________19 municipality that issued the local public safety communications bond, as________________________________________________________________________20 well as to the other provisions of this title. To the extent that any________________________________________________________________________21 such other provision of law conflicts with a provision of this section,________________________________________________________________________22 the provision of this section shall control, except as otherwise stated.________________________________________________________________________23 (2) Local public safety communications bonds shall be payable from______________________________________________________________________24 funds provided by a municipality for payment thereof as well as any________________________________________________________________________25 monies available from special public safety communications agreements.______________________________________________________________________26 (3) The agency's public safety communications bonds secured by______________________________________________________________________27 payments of principal and interest due with respect to local public________________________________________________________________________28 safety communications bonds shall not be a debt of either the state or________________________________________________________________________29 any municipality, and neither the state nor any municipality shall be________________________________________________________________________30 liable thereon, nor shall they be payable out of any funds other than________________________________________________________________________31 those of the agency; and such local public safety communications bonds________________________________________________________________________32 shall contain on the face thereof a statement to such effect._____________________________________________________________33 (4) Subject to the provisions of any contract with holders of bonds,______________________________________________________________________34 notes or other obligations, proceeds of public safety communications________________________________________________________________________35 bonds to be paid to a municipality to purchase its local public safety________________________________________________________________________36 communications bonds shall be paid to the municipality and shall not be________________________________________________________________________37 commingled with any other money of the agency.______________________________________________38 (5) Nothing contained in this title shall be construed to create a______________________________________________________________________39 debt of the state within the meaning of any constitutional or statutory________________________________________________________________________40 provisions.___________41 (6) (a) A municipality may covenant and agree that the municipality______________________________________________________________________42 will not limit, alter or impair the rights hereby vested in the agency________________________________________________________________________43 to fulfill the terms of any agreements made with holders of the agency's________________________________________________________________________44 public safety communications bonds, the proceeds of which were used to________________________________________________________________________45 purchase the municipality's local public safety communications bonds, or________________________________________________________________________46 in any way impair the rights and remedies of such holders or the securi-________________________________________________________________________47 ty for such bonds, until such bonds, together with the interest thereon________________________________________________________________________48 and all costs and expenses in connection with any action or proceeding________________________________________________________________________49 by or on behalf of such holders, are fully paid and discharged._______________________________________________________________50 (b) Any such agreement with a municipality may be pledged by the agen-______________________________________________________________________51 cy to secure its public safety communications bonds used to purchase________________________________________________________________________52 local public safety communications bonds issued by that municipality and________________________________________________________________________53 may not be modified thereafter except as provided by the terms of the________________________________________________________________________54 pledge or subsequent agreements with the holders of such public safety________________________________________________________________________55 communications bonds._____________________

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1 § 6. Subdivision 5 of section 2437 of the public authorities law, as2 amended by section 6 of part E of chapter 494 of the laws of 2009, is3 amended to read as follows:4 (5) Any bonds or notes of the agency other than special program bonds,5 special school purpose bonds, special school deficit program bonds [or],_6 recovery act bonds or public safety communications bonds shall be sold_____________________________________7 at public sale and from time to time upon such terms and at such prices8 as may be determined by the agency, and the agency may pay all expenses,9 premiums and commissions which it may deem necessary or advantageous in10 connection with the issuance and sale thereof. Any special program11 bonds, special school purpose bonds, special school deficit program12 bonds [or], recovery act bonds or public safety communications bonds_ _________________________________________13 shall be sold at public or private sale and from time to time upon such14 terms and at such prices as may be determined by the agency, and the15 agency may pay all expenses, premiums and commissions which it may deem16 necessary or advantageous in connection with the issuance and sale ther-17 eof provided, however, that special program bonds relating to a special18 program agreement entered for the purpose described in paragraph (b) of19 subdivision one of section twenty-four hundred thirty-five-a of this20 title shall be sold on or before June thirtieth, two thousand one. No21 special program bonds, special school purpose bonds, special school22 deficit program bonds, or recovery act bonds, or public safety communi-___________________________23 cations bonds of the agency may be sold by the agency at private sale,_____________24 however, unless such sale and the terms thereof have been approved in25 writing by (a) the comptroller, where such sale is not to the comp-26 troller, or (b) the director of the budget, where such sale is to the27 comptroller.28 § 7. Subdivision 1 of section 2438 of the public authorities law, as29 amended by section 7 of part E of chapter 494 of the laws of 2009, is30 amended as follows:31 (1) The agency shall not issue bonds and notes in an aggregate princi-32 pal amount at any one time outstanding exceeding one billion dollars,33 excluding tax lien collateralized securities, special school purpose34 bonds, special school deficit program bonds, special program bonds35 issued to finance the reconstruction, rehabilitation or renovation of an36 educational facility pursuant to the provisions of subdivision (b) of37 section sixteen of chapter six hundred five of the laws of two thousand,38 special program bonds issued to finance the cost of a project for39 design, reconstruction or rehabilitation of a school building pursuant40 to the provisions of section fourteen of the city of Syracuse and the41 board of education of the city school district of the city of Syracuse42 cooperative school reconstruction act, recovery act bonds, public safety_______________43 communications bonds and bonds and notes issued to refund outstanding____________________44 bonds and notes.45 § 8. The public authorities law is amended by adding a new section46 2435-f to read as follows:47 § 2435-f. Special public safety communications financing agreements.______________________________________________________________________48 (1) In order to fulfill the purposes of this title and notwithstanding________________________________________________________________________49 any general or special law to the contrary, the agency and the applica-________________________________________________________________________50 ble municipality are hereby authorized to enter into one or more special________________________________________________________________________51 public safety communications financing agreements, which special public________________________________________________________________________52 safety communications financing agreements shall, consistent with the________________________________________________________________________53 provisions of this title, contain such terms, provisions and conditions________________________________________________________________________54 as, in the judgment of the agency, shall be necessary or desirable. Each________________________________________________________________________55 special public safety communications financing agreement shall specify________________________________________________________________________56 the amount to be made available to the applicable municipality through________________________________________________________________________

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1 the proceeds of an issue of public safety communications bonds and shall________________________________________________________________________2 require such municipality to make payments to the agency in the amounts________________________________________________________________________3 and the times determined by the agency to be necessary to provide for________________________________________________________________________4 the payment of such public safety communications bonds and for such________________________________________________________________________5 other fees, charges, costs, and other amounts as the agency shall in its________________________________________________________________________6 judgment determine to be necessary or desirable. Such payment or________________________________________________________________________7 payments to be made by the applicable municipality to the agency as set________________________________________________________________________8 forth in this section shall be made from such sources as shall be agreed________________________________________________________________________9 upon between the applicable municipality and the agency pursuant to the________________________________________________________________________10 applicable special public safety communications financing agreement.____________________________________________________________________11 (2) Any special public safety communications financing agreement______________________________________________________________________12 entered into pursuant to subdivision one of this section shall provide________________________________________________________________________13 that the obligations thereunder to fund or pay the amounts therein________________________________________________________________________14 provided for shall not constitute a debt of the state or such munici-________________________________________________________________________15 pality within the meaning of any constitutional or statutory provision________________________________________________________________________16 and shall be deemed executory only to the extent of moneys available and________________________________________________________________________17 that no liability shall be incurred by the state or such municipality________________________________________________________________________18 beyond the moneys available for such purpose._____________________________________________19 § 9. This act shall take effect immediately.

20 PART O

21 Section 1. Subdivision 5 of section 205 of the civil service law is22 amended by adding a new paragraph (m) to read as follows:23 (m) To administer the provisions of article twenty of the labor law to______________________________________________________________________24 the extent provided for in such article, and to serve all the functions________________________________________________________________________25 of the board as defined in section seven hundred one of the labor law,________________________________________________________________________26 including to make, amend and rescind such rules and regulations as may________________________________________________________________________27 be necessary to carry out the provisions of such article._________________________________________________________28 § 2. Subdivisions 1, 2, 3 and 4 of section 205 of the civil service29 law, subdivision 1 as amended by chapter 391 of the laws of 1969, subdi-30 vision 2 as added by chapter 392 of the laws of 1967, subdivision 3 as31 amended by chapter 307 of the laws of 1979 and subdivision 4 as amended32 by chapter 503 of the laws of 1971, are amended to read as follows:33 1. There is hereby created in the [state] department [of civil34 service] a board, to be known as the public employment relations board,35 which shall consist of three members appointed by the governor, by and36 with the advice and consent of the senate from persons representative of37 the public. Not more than two members of the board shall be members of38 the same political party. Each member shall be appointed for a term of39 six years, except that of the members first appointed, one shall be40 appointed for a term to expire on May thirty-first, nineteen hundred41 sixty-nine, one for a term to expire on May thirty-first, nineteen42 hundred seventy-one, and one for a term to expire on May thirty-first,43 nineteen hundred seventy-three. The governor shall designate one member44 who shall serve as [chairman] chairperson of the board until the expira-___________45 tion of his or her term. A member appointed to fill a vacancy shall be______46 appointed for the unexpired term of the member whom he or she is to______47 succeed.48 2. Members of the board shall hold no other public office or public49 employment in the state. The [chairman] chairperson shall give his or___________ __50 her whole time to his or her duties.___ ______51 3. Members of the board other than the [chairman] chairperson shall,___________52 when performing the work of the board, be compensated at the rate of two53 hundred [and] fifty dollars per day, together with an allowance for54 actual and necessary expenses incurred in the discharge of their duties

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1 hereunder. The [chairman] chairperson shall receive an annual salary to___________2 be fixed within the amount available therefor by appropriation, in addi-3 tion to an allowance for expenses actually and necessarily incurred by4 him or her in the performance of his or her duties.______ ______5 4. (a) The chairperson of the board may appoint an executive director__________________6 and such other persons, including but not limited to attorneys, media-7 tors, members of fact-finding boards and representatives of employee8 organizations and public employers to serve as technical advisers to9 such fact-finding boards, as it may from time to time deem necessary for10 the performance of its functions, prescribe their duties, fix their11 compensation and provide for reimbursement of their expenses within the12 amounts made available therefor by appropriation. Attorneys appointed13 under this section may, at the direction of the chairperson of the____________________14 board, appear for and represent the board in any case in court.15 (b) No member of the board or its appointees pursuant to this subdivi-16 sion, including without limitation any mediator or fact-finder employed17 or retained by the board, shall, except as required by this article, be18 compelled to nor shall he or she voluntarily disclose to any administra-______19 tive or judicial tribunal or at the legislative hearing, held pursuant20 to subparagraph (iii) of paragraph (e) of subdivision three of section21 two hundred nine of this article, any information relating to the resol-_______________22 ution of a particular dispute in the course of collective negotiations23 acquired in the course of his or her official activities under this_______24 article, nor shall any reports, minutes, written communications, or25 other documents pertaining to such information and acquired in the26 course of his or her official activities under this article be subject______27 to subpoena or voluntarily disclosed; except that where the information28 so required indicates that the person appearing or who has appeared29 before the board has been the victim of, or otherwise involved in, a30 crime, other than a criminal contempt in a case involving or growing out31 of a violation of this article, said members of the board and its32 appointees may be required to testify fully in relation thereto upon any33 examination, trial, or other proceeding in which the commission of such34 crime is the subject of inquiry.35 § 3. Subdivision 9 of section 701 of the labor law, as amended by36 chapter 166 of the laws of 1991, is amended to read as follows:37 9. The term "board" means the public employment relations board______38 created by section [seven hundred two of this article] two hundred five________________39 of the civil service law, in carrying out its functions under this arti-________________________________________________________________________40 cle.___41 § 4. Section 702 of the labor law is REPEALED, and a new section 70242 is added to read as follows:43 § 702. Special mediators. The board may, when necessary, appoint or______________________________________________________________________44 designate special mediators who shall have the authority and power of________________________________________________________________________45 members of the board with regard to such matter, provided that their________________________________________________________________________46 authority and power to act for the board shall cease upon the conclusion________________________________________________________________________47 of the specific matter so assigned to them or by revocation by the board________________________________________________________________________48 of their appointment or designation. Such special mediators shall, when________________________________________________________________________49 performing the work of the board as aforesaid, be compensated at a rate________________________________________________________________________50 to be determined by the board subject to the approval of the director of________________________________________________________________________51 the budget, together with an allowance for actual and necessary expenses________________________________________________________________________52 incurred in the discharge of their duties hereunder.____________________________________________________53 § 5. Subdivisions 3 and 4 of section 707 of the labor law, subdivision54 3 as amended by chapter 210 of the laws of 1942 and subdivision 4 as55 amended by chapter 676 of the laws of 1963, are amended to read as56 follows:

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1 3. The jurisdiction of the supreme court shall be exclusive and its2 judgment and decree shall be final, except that appeals shall lie to the3 appellate division of said court and to the court of appeals, in the4 manner and subject to the limitations provided in the civil practice5 [act] law and rules irrespective of the nature of the decree or judgment_____________6 or the amount involved.7 4. Any person aggrieved by a final order of the board granting or8 denying in whole or in part the relief sought may obtain a review of9 such order in the supreme court of the county where the unfair labor10 practice in question was alleged to have been engaged in or wherein such11 person resides or transacts business by filing in such court a written12 petition praying that the order of the board be modified or set aside,13 or if such court be on vacation or in recess, then to the supreme court14 of any county adjoining the county wherein the unfair labor practice in15 question occurred or wherein any such person resides or [tranacts] tran-_____16 sacts business. A copy of such petition shall be forthwith served upon_____17 the board, and thereupon the aggrieved party shall file in the court a18 transcript of the entire record in the proceeding, certified by the19 board, including the pleading and testimony and order of the board. Upon20 such filing, the court shall proceed in the same manner as in the case21 of an application by the board under subdivision one of this section,22 and shall have the same exclusive jurisdiction to grant to the board23 such temporary relief or restraining order as it deems just and proper,24 and in like manner to make and enter a decree enforcing, modifying and25 enforcing as so modified, or setting aside in whole or in part the order26 of the board; and the findings of the board as to the facts shall in27 like manner be conclusive.28 § 6. Subdivision 1 of section 708 of the labor law, as added by chap-29 ter 443 of the laws of 1937, is amended to read as follows:30 1. The board, or its duly authorized agents or agencies, shall at all31 reasonable times have access to, for the purposes of examination, and32 the right to examine, copy or photograph any evidence, including33 payrolls or lists of employees, of any person being investigated or34 proceeded against that relates to any matter under investigation or in35 question. [Any member of the] The board shall have power to issue___36 subpoenas requiring the attendance and testimony of witnesses and the37 production of any evidence that relates to any matter under investi-38 gation or in question before the board, its member, agent, or agency,39 conducting the hearing or investigation. Any member of the board, or any40 agent or agency designated by the board for such purposes, may adminis-41 ter oaths and affirmations, examine witnesses, and receive evidence.42 § 7. Section 710 of the labor law, as added by chapter 443 of the laws43 of 1937, is amended to read as follows:44 § 710. Public records and proceedings. Subject to rules and regu-45 lations to be made by the board consistent with article six of the__________________________________46 public officers law, the complaints, orders and testimony relating to a___________________47 proceeding instituted by the board under section seven hundred six of__48 this article may be made public records and be made available for____________49 inspection or copying. All proceedings pursuant to section seven hundred50 [and] six of this article shall be open to the public._______________51 § 8. Section 717 of the labor law, as added by chapter 166 of the laws52 of 1991, is amended to read as follows:53 § 717. State mediation board [and], state labor relations board, and_ _____54 state employment relations board abolished. The state mediation board________________________________55 created by chapter five hundred sixty-nine of the laws of nineteen56 hundred sixty-eight [and], the New York state labor relations board_

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1 created by chapter four hundred forty-three of the laws of nineteen2 hundred thirty-seven, and the state employment relations board created____________________________________________________3 by chapter one hundred sixty-six of the laws of nineteen hundred nine-________________________________________________________________________4 ty-one are hereby abolished. All the functions, powers and duties of______5 such boards are hereby assigned to and shall hereafter be exercised and6 performed by and through the board. Any controversy, proceeding or other7 matter pending before the New York state board of mediation [or], the_8 state labor relations board or the state employment relations board at________________________________________9 the time this section takes effect, may be conducted and completed by10 the board and for such purposes the board shall be deemed to be a11 continuation of the functions, powers and duties of the New York state12 board of mediation [or], the state labor relations board or the state_ ______________13 employment relations board, respectively, and not a new entity. Upon the__________________________14 transfer of functions to the board pursuant to this section, all appro-15 priations and reappropriations heretofore or hereafter made to the16 department of labor relating to the state board of mediation or the17 state labor relations board or segregated pursuant to law, to the extent18 of remaining unexpended or unencumbered balances thereof, whether allo-19 cated or unallocated and whether obligated or unobligated are hereby20 made available for use and expenditure by the board for the same21 purposes for which originally appropriated or reappropriated. Whenever22 the state board of mediation or the state labor relations board or the23 chairman of the state board of mediation or of the state labor relations24 board or the state employment relations board is referred to or desig-________________________________________25 nated in any general, special or local law or in any rule, regulation,26 contract or other document, such reference or designation shall be__27 deemed to refer to the board and the chairman thereof, respectively.28 § 9. Subdivisions (a) and (b) of section 12 of the executive law, as29 added by section 2 of part B of chapter 383 of the laws of 2001, are30 amended to read as follows:31 (a) Notwithstanding any other law, the state, through the governor,32 may execute a tribal-state compact with the Seneca Nation of Indians33 pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 2534 U.S.C. [§§]§§ 2701-2721 and 18 U.S.C. [§§]§§ 1166-1168) consistent with35 a memorandum of understanding between the governor and the president of36 the Seneca Nation of Indians executed on June twentieth, two thousand37 one and filed with the department of state on June twenty-first, two38 thousand one. Such tribal-state compact shall be deemed ratified by the39 legislature upon the governor's certification to the temporary president40 of the senate, the speaker of the assembly, and the secretary of state,41 that such compact, through its terms, by a memorandum of understanding42 or other agreement between the state and Nation, by a Nation's ordinance43 or resolution, by statute, by executive order, or by the terms of any44 other agreement entered into by or on behalf of the Nation, provides:45 (i) assurances that the Nation will provide (1) reasonable access to the46 gaming and related facilities to labor union organizers for purposes of47 a campaign to solicit employee support for labor union representation;48 (2) permission for labor union organizers to distribute labor union49 authorization cards on site for the purpose of soliciting employee50 support for labor union representation; and (3) recognition of labor51 unions as the exclusive collective bargaining representatives of employ-52 ees in appropriate bargaining units based upon a demonstration of major-53 ity employee support of such labor unions by union authorization card54 check as verified, if necessary, by an independent arbitrator appointed55 by the [State] Public Employment Relations Board in consultation with______56 the Nation and the labor union; (ii) assurances that the Nation has an

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1 adequate civil recovery system which guarantees fundamental due process2 to visitors and guests of the facility and related facilities; and (iii)3 assurances that the Nation will maintain during the term of the compact4 sufficient liability insurance to assure that visitors and guests will5 be compensated for their injuries.6 (b) Notwithstanding any other law, the state, through the governor,7 may execute tribal-state compacts pursuant to the Indian Gaming Regula-8 tory Act of 1988 (P.L. 100-497; 25 U.S.C. [§§]§§ 2701-2721 and 18 U.S.C.9 [§§]§§ 1166-1168) authorizing up to three Class III gaming facilities in10 the counties of Sullivan and Ulster. Such tribal-state compact shall be11 deemed ratified by the legislature upon the governor's certification to12 the temporary president of the senate, the speaker of the assembly and13 the secretary of state, that such compact, through its terms, by a memo-14 randum of understanding or other agreement between the state and Nation,15 by a Nation's ordinance or resolution, by statute, by executive order,16 or by the terms of any other agreement entered into by or on behalf of17 the Nation, provides: (i) assurances that the Nation will provide (1)18 reasonable access to the gaming and related facilities to labor union19 organizers for purposes of a campaign to solicit employee support for20 labor union representation; (2) permission for labor union organizers to21 distribute labor union authorization cards on site for the purpose of22 soliciting employee support for labor union representation; (3)23 provision of employees' names and addresses to labor union represen-24 tatives and tribal/employer/management neutrality in labor union organ-25 izing campaigns; (4) recognition of labor unions as the exclusive26 collective bargaining representatives of employees in appropriate27 bargaining units based upon a demonstration of majority employee support28 of such labor unions by union authorization card check as verified, if29 necessary, by an independent arbitrator appointed by the [State] Public______30 Employment Relations Board in consultation with the Nation and the labor31 union; and (5) final and binding arbitration of organized labor matters32 or disputes including negotiations for collective bargaining agreements33 with arbitrators' awards enforceable in a state or federal court of34 competent jurisdiction; (ii) assurances that the Nation has an adequate35 civil recovery system which guarantees fundamental due process to visi-36 tors and guests of the facility and related facilities; and (iii) assur-37 ances that the Nation will maintain during the term of the compact38 sufficient liability insurance to assure that visitors and guests will39 be compensated for their injuries.40 § 10. Paragraphs (e) and (f) of subdivision 1 of section 169 of the41 executive law, paragraph (e) as amended by chapter 437 of the laws of42 1995 and paragraph (f) as amended by chapter 83 of the laws of 1995, are43 amended to read as follows:44 (e) chairman of state athletic commission, chairman and executive45 director of consumer protection board, member-chairman of crime victims46 board, chairman of human rights appeal board, chairman of the industrial47 board of appeals, [chairman of the employment relations board,] chairman48 of the state commission of correction, members of the board of parole,49 members of the state racing and wagering board, member-chairman of unem-50 ployment insurance appeal board, director of veterans' affairs, and51 vice-chairman of the workers' compensation board;52 (f) executive director of adirondack park agency, commissioners of the53 state liquor authority, commissioners of the state civil service commis-54 sion, members of state commission of correction, [members of the employ-55 ment relations board,] members of crime victims board, members of unem-

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1 ployment insurance appeal board, and members of the workers'2 compensation board.3 § 11. This act shall not revoke or rescind any regulations or opinions4 issued by the state employment relations board in effect upon the effec-5 tive date of this act, to the extent that such regulations or opinions6 are not inconsistent with any law of the state of New York. The public7 employment relations board shall undertake a comprehensive review of all8 such regulations and opinions, which will address the consistency of9 such regulations and opinions among each other and will propose any10 regulatory changes necessitated by such review.11 § 12. This act shall take effect on the thirtieth day after it shall12 have become a law; provided, however, that effective immediately, the13 chair of the public employment relations board and the chair of the14 state employment relations board are hereby authorized to take such15 actions as are necessary and proper to prepare for an orderly transition16 of the functions, powers and duties as herein provided.

17 PART P

18 Section 1. Section 163-c of the state finance law is REPEALED.19 § 2. This act shall take effect immediately.

20 PART Q

21 Section 1. (a) For the purpose of this section, "insurance carrier,"22 and "workers' compensation rating board" shall have the meaning set23 forth in section 2 of the workers' compensation law.24 (b) For the purposes of this section, "excess assessment funds" shall25 mean any excess of the amount collected by an insurance carrier from its26 policy holders in accordance with a calculation provided by the workers'27 compensation rating board pursuant to subdivision 8 of section 15,28 subdivision 3 of section 25-a or section 151 of the workers' compen-29 sation law attributable to the period April 1, 2008, through March 31,30 2009, over the amount paid to the workers' compensation board pursuant31 to subdivision 8 of section 15, subdivision 3 of section 25-a or section32 151 of the workers' compensation law attributable to the period April 1,33 2008, through March 31, 2009.34 (c) Any insurance carrier or affiliated group of insurance carriers35 that has collected excess assessment funds shall pay over to the chair36 of the workers' compensation board, within sixty days of the effective37 date of this subdivision, the amount of such funds. Such funds shall be38 credited to the workers' compensation account. Any amounts collected39 pursuant to this section shall be transferred by the comptroller to the40 general fund, at the request of the director of the budget.41 § 2. This act shall take effect immediately.

42 PART R

43 Section 1. Subdivisions 2 and 3 of section 50-a of the workers'44 compensation law, as added by chapter 139 of the laws of 2008, are45 amended to read as follows:46 2. At any time prior to April first, two thousand [nine] eleven, the______47 chair may withdraw funds from the uninsured employers fund provided for48 under section twenty-six-a of this chapter, up to such amount as the49 chair determines is sufficient to fund any anticipated additional50 expenses of such fund, taking into account anticipated available reven-

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1 ues, but in no event to exceed [fifty-two] seventy-five million dollars____________2 in the aggregate. Such funds shall be deposited into the group self-in-3 surer offset fund, and used in accordance with subdivision one of this4 section. As consistent with this section, the chair may set the timing5 of such withdrawals in its discretion.6 3. Beginning on January first, two thousand [ten] twelve, and each______7 year thereafter, the chair shall add to the total of each annual assess-8 ment made under paragraph g of subdivision five of section fifty of this9 article the sum of up to three million dollars, to be allocated to10 private group and individual self-insurers in accordance with such para-11 graph. The chair shall assess additional funds under this paragraph as12 necessary to insure that there are sufficient funds in the fund for13 uninsured employers to meet its liabilities, or if necessary in accord-14 ance with section one hundred fifty-one of this chapter. Such funds as15 are collected pursuant to this subdivision shall be deposited into the16 uninsured employer fund until all funds withdrawn therefrom under subdi-17 vision one of this section are returned with interest calculated at an18 annual rate equal to the rate of return on funds in the fund for unin-19 sured employers from the prior year.20 § 2. Section 1108 of the insurance law is amended by adding a new21 subsection (j) to read as follows:22 (j) Any group of employers authorized by the workers' compensation______________________________________________________________________23 board to provide workers' compensation benefits for the employees of all________________________________________________________________________24 member employers pursuant to subdivision three-a of section fifty of the________________________________________________________________________25 workers' compensation law.__________________________26 § 3. The second undesignated paragraph of subdivision 3 of section 5027 of the workers' compensation law, as amended by chapter 6 of the laws of28 2007, is amended to read as follows:29 If for any reason the status of an employer under this subdivision is30 terminated, the securities or the surety bond, or the securities, cash,31 or irrevocable letters of credit and surety bond, on deposit referred to32 herein shall remain in the custody of the chair for [a period of at33 least twenty-six months. At the expiration of] such time [or such34 further time period] as the chair may deem proper and warranted under35 the circumstances[, and so designates, the chair may accept in]. In____36 lieu thereof, [and for the additional purpose of] and at the discretion_____________________37 of the chair, the employer, his or her heirs or assigns or others carry-________________________________________________________________________38 ing on or liquidating such business, may execute an assumption of work-________________________________________________________________________39 ers' compensation liability insurance policy securing such further and____________________________________________40 future contingent liability as may arise from prior injuries to workers41 and be incurred by reason of any change in condition of such workers42 warranting the board making subsequent awards for payment of additional43 compensation[, a policy of insurance furnished by the employer, his44 heirs or assigns or others carrying on or liquidating such business].45 Such policy shall be in a form approved by the superintendent of insur-46 ance and issued by the state fund or any insurance company licensed to47 issue this class of insurance in this state. In the event that such__________________________48 policy is issued by an insurance company other than the state fund, then________________________________________________________________________49 said policy shall be deemed of the kind specified in paragraph fifteen________________________________________________________________________50 of subsection (a) of section one thousand one hundred thirteen of the________________________________________________________________________51 insurance law and covered by the workers' compensation security fund as________________________________________________________________________52 created and governed by article six-A of this chapter. It shall only be______________________________________________________53 issued for a single complete premium payment in advance by the employer54 and in an amount deemed acceptable by the chair and the superintendent________________________________________________________________________55 of insurance. In lieu of the applicable premium charge ordinarily________________________________________________________________________56 required to be imposed by a carrier, said premium shall include a________________________________________________________________________

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1 surcharge in an amount to be determined by the chair to: (i) satisfy________________________________________________________________________2 all assessment liability due and owing to the board and/or the chair________________________________________________________________________3 under this chapter; and (ii) satisfy all future assessment liability________________________________________________________________________4 under this section. Said surcharge shall be payable to the board simul-________________________________________________________________________5 taneous to the execution of the assumption of workers' compensation________________________________________________________________________6 liability insurance policy. However, the payment of said surcharge does________________________________________________________________________7 not relieve the carrier from any other liability, including liability________________________________________________________________________8 owed to the superintendent of insurance pursuant to article six-a of________________________________________________________________________9 this chapter. [It shall be given in an amount to be determined by the____________10 chair and when] When issued such policy shall be non-cancellable without____ ___________ _______11 recourse for any cause during the continuance of the liability secured________12 and so covered.13 § 4. Paragraph 7 of subdivision 3-a of section 50 of the workers'14 compensation law, as amended by chapter 139 of the laws of 2008, is15 amended to read as follows:16 (7) (a) If for any reason, the status of a group self-insurer under17 this subdivision is terminated, the securities or cash or the surety18 bond on deposit referred to herein shall remain in the custody of the19 chair for [a period of at least twenty-six months. At the expiration of]20 such time [or such further period] as the chair may deem proper and21 warranted[, he or she may accept in]. In lieu thereof, [and for the____22 additional purpose of] and at the discretion of the chair, the group______________________________________________23 self-insurer, its heirs or assigns or others carrying on or liquidating________________________________________________________________________24 such group self-insurer, including the chair on the group self-insurer's________________________________________________________________________25 behalf, may execute an assumption of workers' compensation liability________________________________________________________________________26 insurance policy securing such further and future contingent liability________________27 as may arise from prior injuries to workers and be incurred by reason of28 any change in the condition of such workers warranting the board making29 subsequent awards for payment of additional compensation[, a policy of30 insurance furnished by the group self-insurer, its successor or assigns31 or others carrying on or liquidating such group self-insurer]. Such32 policy shall be in a form approved by the superintendent of insurance33 and issued by the state fund or any insurance company licensed to issue34 this class of insurance in this state. In the event that such policy is________________________________35 issued by an insurance company other than the state fund, then said________________________________________________________________________36 policy shall be deemed of the kind specified in paragraph fifteen of________________________________________________________________________37 subsection (a) of section one thousand one hundred thirteen of the________________________________________________________________________38 insurance law and covered by the workers' compensation security fund as________________________________________________________________________39 created and governed by article six-A of this chapter. It shall only be_______________________________________________________40 issued for a single complete premium payment in advance by the group41 self-insurer and in an amount deemed acceptable by the chair and the__________________________________________________________42 superintendent of insurance. In lieu of the applicable premium charge________________________________________________________________________43 ordinarily required to be imposed by a carrier, said premium shall________________________________________________________________________44 include a surcharge in an amount to be determined by the chair to: (i)________________________________________________________________________45 satisfy all assessment liability due and owing to the board and/or the________________________________________________________________________46 chair under this chapter; and (ii) satisfy all future assessment liabil-________________________________________________________________________47 ity under this section. Said surcharge shall be payable to the board________________________________________________________________________48 simultaneous to the execution of the assumption of workers' compensation________________________________________________________________________49 liability insurance policy. However, the payment of said surcharge does________________________________________________________________________50 not relieve the carrier from any other liability, including liability________________________________________________________________________51 owed to the superintendent of insurance pursuant to article six-A of________________________________________________________________________52 this chapter. [It shall be given in an amount to be determined by the____________53 chair and when] When issued such policy shall be noncancellable without____ ___________ _______54 recourse for any cause during the continuance of the liability secured________55 and so covered.

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1 (b) The chair shall levy an assessment on the members of a defaulted2 group self-insurer within one hundred twenty days of such default or of3 the effective date of the chapter of the laws of two thousand eight4 which amended this subdivision, whichever is later, and against the5 members of any other terminated group self-insurer when necessary, for6 such an amount as he or she determines to be necessary to discharge all7 liabilities of the group self-insurer, including the reasonable cost of8 liquidation such as claims administration costs, actuarial and account-9 ing services, and the value of future assessments on members of such10 group self-insurer. The chair may impose subsequent deficit assessments,11 or return funds to members, to adjust the moneys collected to reflect12 the time of participation, and percent of group self-insurer liabilities13 for such time. Notwithstanding any such action by the chair, each member14 of the group self-insurer shall remain jointly and severally responsible15 for all liabilities provided by this chapter including but not limited16 to outstanding and estimated future liabilities and assessments.17 Further, separate and apart from, and in addition to a member's joint________________________________________________________________________18 and several liability and notwithstanding any payments made by any other________________________________________________________________________19 members of the group self-insurer pursuant to this subparagraph, in the________________________________________________________________________20 event that a member neglects or fails to pay an assessment levied pursu-________________________________________________________________________21 ant to this subparagraph, the member shall be deemed in default in the________________________________________________________________________22 payment of compensation. Such defaulting member is subject to the________________________________________________________________________23 enforcement provisions of section twenty-six of this chapter for the________________________________________________________________________24 payment of all compensation relative to awards due and owing on claims________________________________________________________________________25 filed by the employees of such member that have neither been paid by the________________________________________________________________________26 member or the group self-insurer. Nothing in this paragraph shall_____________________________________27 prevent the chair from offering payment plans or settling claims against28 members of any group self-insurer as necessary to facilitate collection.29 (c) Upon the assumption of the assets and liabilities of a group self-______________________________________________________________________30 insurer by the chair or his or her designee pursuant to regulation of________________________________________________________________________31 the chair, all records, documents and files of whatever nature, pertain-________________________________________________________________________32 ing to the group self-insurer, be they in the possession of the group________________________________________________________________________33 self-insurer or a third party, and all remaining assets of the group________________________________________________________________________34 self-insurer, shall become the property of the chair. All custodians of________________________________________________________________________35 such records and/or funds shall turn over to the chair or his designee________________________________________________________________________36 all such original records upon demand.______________________________________37 § 5. Subdivision 4 of section 50 of the workers' compensation law is38 amended by adding a new paragraph e to read as follows:39 e. If for any reason the status of a county, city, village, town,______________________________________________________________________40 school district, fire district or other political subdivision of state________________________________________________________________________41 is terminated, at the discretion of the chair, the county, city,________________________________________________________________________42 village, town, school district, fire district or other political subdi-________________________________________________________________________43 vision of state, may execute an assumption of workers' compensation________________________________________________________________________44 liability insurance policy securing such further and future contingent________________________________________________________________________45 liability as may arise from prior injuries to workers and be incurred by________________________________________________________________________46 reason of any change in the condition of such workers warranting the________________________________________________________________________47 board making subsequent awards for payment of additional compensation.________________________________________________________________________48 Such policy shall be in a form approved by the superintendent of insur-________________________________________________________________________49 ance and shall be issued by the state fund or any insurance company________________________________________________________________________50 licensed to issue this class of policy in this state. In the event that________________________________________________________________________51 such policy is issued by an insurance company other than the state fund,________________________________________________________________________52 then said policy shall be deemed to be insurance of the kind specified________________________________________________________________________53 in paragraph fifteen of subsection (a) of section one thousand one________________________________________________________________________54 hundred thirteen of the insurance law and covered by the workers'________________________________________________________________________55 compensation security fund as created and governed by article six-A of________________________________________________________________________56 this chapter. It shall only be issued for a single complete premium________________________________________________________________________

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1 payment in advance by the county, city, village, town, school district,________________________________________________________________________2 fire district or other political subdivision of state and in an amount________________________________________________________________________3 deemed acceptable by the chair and the superintendent of insurance. In________________________________________________________________________4 lieu of the applicable premium charge ordinarily required to be imposed________________________________________________________________________5 by a carrier, said premium shall include a surcharge in an amount to be________________________________________________________________________6 determined by the chair to satisfy all assessment liability due and________________________________________________________________________7 owing to the board and/or the chair under this chapter. Said surcharge________________________________________________________________________8 shall be payable to the board simultaneous to the execution of the________________________________________________________________________9 assumption of workers' compensation liability insurance policy. However,________________________________________________________________________10 the payment of said surcharge does not relieve the carrier from any________________________________________________________________________11 other liability, including liability owed to the superintendent of________________________________________________________________________12 insurance pursuant to article six-A of this chapter. When issued such________________________________________________________________________13 policy shall be non-cancellable without recourse for any cause during________________________________________________________________________14 the continuance of the liability secured and so covered.________________________________________________________15 § 6. Section 73 of the workers' compensation law, as added by chapter16 849 of the laws of 1955, is amended to read as follows:17 § 73. Abandonment of plan. The board of supervisors of a county may by18 local law provide for the abandonment of a plan, effective as of the19 close of the calendar year then in progress. Such plan, however, shall20 continue to operate thereafter until all liabilities of the plan21 incurred prior to such effective date shall have been satisfied and all22 advances to the county self-insurance fund shall have been repaid. Such23 local law shall provide a method for the distribution of any assets of24 the plan remaining after all such liabilities have been satisfied. The25 provisions of this section shall not apply to any plan abandoned pursu-26 ant to section sixty-one of this chapter. At the discretion of the________________________27 chair, the board of supervisors of a county may execute an assumption of________________________________________________________________________28 workers' compensation liability insurance policy securing such further________________________________________________________________________29 and future contingent liability as may arise from prior injuries to________________________________________________________________________30 workers and be incurred by reason of any change in the condition of such________________________________________________________________________31 workers warranting the board making subsequent awards for payment of________________________________________________________________________32 additional compensation. Such policy shall be in a form approved by the________________________________________________________________________33 superintendent of insurance and shall be issued by the state fund or any________________________________________________________________________34 insurance company licensed to issue this class of insurance in this________________________________________________________________________35 state. In the event that such policy is issued by an insurance company________________________________________________________________________36 other than the state fund, then said policy shall be deemed to be of the________________________________________________________________________37 kind specified in paragraph fifteen of subsection (a) of section one________________________________________________________________________38 thousand one hundred thirteen of the insurance law and covered by the________________________________________________________________________39 workers' compensation security fund as created and governed by article________________________________________________________________________40 six-A of this chapter. It shall only be issued for a single complete________________________________________________________________________41 premium payment in advance by the county, city, village, town, school________________________________________________________________________42 district, fire district or other political subdivision of state and in________________________________________________________________________43 an amount deemed acceptable by the chair and the superintendent of________________________________________________________________________44 insurance. In lieu of the applicable premium charge ordinarily required________________________________________________________________________45 to be imposed by a carrier, said premium shall include a surcharge in an________________________________________________________________________46 amount to be determined by the chair to satisfy all assessment liability________________________________________________________________________47 due and owing to the board and/or the chair under this chapter. Said________________________________________________________________________48 surcharge shall be payable to the board simultaneous to the execution of________________________________________________________________________49 the assumption of workers' compensation liability insurance policy.________________________________________________________________________50 However, the payment of said surcharge does not relieve the carrier from________________________________________________________________________51 any other liability, including liability owed to the superintendent of________________________________________________________________________52 insurance pursuant to article six-A of this chapter. When issued such________________________________________________________________________53 policy shall be non-cancellable without recourse for any cause during________________________________________________________________________54 the continuance of the liability secured and so covered.________________________________________________________

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1 § 7. The eighth undesignated paragraph of section 106 of the workers'2 compensation law, as amended by chapter 598 of the laws of 2000, is3 amended to read as follows:4 "Carrier" means a stock or mutual corporation or a reciprocal insurer5 or a nonprofit property/casualty insurance company, if such corporation6 or insurer is authorized to transact the business of workers' compen-7 sation insurance in this state, including but not limited to the issu-________________________________________8 ance of an assumption of workers' compensation liability insurance poli-________________________________________________________________________9 cy, but not including any such corporation or insurer which is___10 insolvent.11 § 8. This act shall take effect immediately.

12 PART S

13 Section 1. The division of the budget and office of the state comp-14 troller may dedicate such officers and employees as may be needed to a15 joint project, which shall be known as the state financial system16 project, and which shall be responsible for the development, implementa-17 tion and maintenance of a single, statewide financial management system18 for use by the state comptroller and all agencies. The division of the19 budget and the office of the state comptroller shall serve jointly as20 the appointing authority for all titles within the project, and shall21 jointly appoint a project manager therefor. For purposes of appointment22 and promotion under the civil service law, the state financial system23 project shall be treated as if it were a single department.24 § 2. This act shall take effect immediately.

25 PART T

26 Section 1. The section heading and subdivision 1 of section 160 of the27 civil service law, as amended by chapter 329 of the laws of 1960, are28 amended to read as follows:29 Regulations governing the health [insurance] benefit plan; advisory_______30 committee. 1. The president, subject to the provisions of this article,31 is hereby empowered to establish regulations relating to:32 (1) the eligibility of (a) active and (b) retired employees to partic-33 ipate in the health [insurance] benefit plan authorized by this article,_______34 (2) the terms and conditions of the insurance and/or plan administra-_______________________35 tor contract or contracts, as applied to (a) active employees and (b)___36 retired employees, and37 (3) the purchase of such insurance and/or plan administrator contract_________________________38 or contracts and the administration of such health [insurance] benefit_______39 plan.40 The president shall adopt such further regulations as may be required41 for the effective administration of this article, including the right to42 require advance payments of any portion of the amount required to be43 paid by any participating employer as its share in connection with the44 operation of the health [insurance] benefit plan hereunder._______45 § 2. Subdivisions 1 and 3 of section 161 of the civil service law, as46 amended by chapter 329 of the laws of 1960, are amended to read as47 follows:48 1. The president is hereby authorized and directed to establish a49 health [insurance] benefit plan for state officers and employees and_______50 their dependents and officers and employees of the state colleges of51 agriculture, home economics, industrial labor relations and veterinary52 medicine, the state agricultural experiment station at Geneva, and any

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1 other institution or agency under the management and control of Cornell2 university as the representative of the board of trustees of the state3 university of New York, and the state college of ceramics under the4 management and control of Alfred university as the representative of the5 board of trustees of the state university of New York and their depen-6 dents which, subject to the conditions and limitations contained in this7 article, and in the regulations of the president, will provide for group8 hospitalization, surgical and medical insurance against the financial9 costs of hospitalization, surgery, medical treatment and care, and may10 include, among other things prescribed drugs, medicines, prosthetic11 appliances, hospital in-patient and out-patient service benefits and12 medical expense indemnity benefits.13 3. The health [insurance] benefit plan shall be designed by the presi-_______14 dent (1) to provide a reasonable relationship between the hospital,15 surgical and medical benefits to be included, and the expected distrib-16 ution of expenses of each such type to be incurred by the covered17 employees and dependents, and (2) to include reasonable controls, which18 may include deductible and coinsurance provisions applicable to some or19 all of the benefits, to reduce unnecessary utilization of the various20 hospital, surgical and medical services to be provided and to provide21 reasonable assurance of stability in future years of the plan, and (3)22 to provide benefits on a non-discriminatory basis to the extent possi-23 ble, to active members throughout the state, wherever located.24 § 3. The section heading and subdivisions 1 and 2 of section 162 of25 the civil service law, the section heading and subdivision 2 as amended26 by chapter 329 of the laws of 1960 and subdivision 1 as amended by chap-27 ter 805 of the laws of 1984, are amended to read as follows:28 Contract for health [insurance] benefits. 1. The president is hereby________29 authorized and directed to purchase a contract or contracts to provide30 the benefits under the plan of health [insurance] benefits determined31 upon in accordance with the provisions of this article. Such contract or32 contracts shall be purchased from one or more corporations licensed to33 transact accident and health insurance business in this state or subject34 to article forty-three of the insurance law. Alternatively, the presi-_________________________35 dent may provide health benefits directly to plan participants, in which________________________________________________________________________36 case the president is hereby authorized to purchase a contract or________________________________________________________________________37 contracts with one or more firms qualified to administer, on New York________________________________________________________________________38 state health benefit plan's behalf, the plan of benefits required under________________________________________________________________________39 this article. Any health insurance coverage mandated by law applicable________________________________________________________________________40 to contracts for health insurance entered into under this section shall________________________________________________________________________41 also apply to the provision of any benefits pursuant to this subdivi-________________________________________________________________________42 sion. Notwithstanding the provisions of this subdivision, the presi-________________________________________________________________________43 dent's election to provide health benefits directly to plan participants________________________________________________________________________44 shall not constitute the doing of insurance business within the meaning________________________________________________________________________45 of article eleven of the insurance law. All of the benefits to be________________________________________46 provided under this article may be included in one or more similar47 contracts, or the benefits may be classified into different types with48 each type included under one or more similar contracts issued by the49 same or different companies.50 2. A reasonable time before entering into any insurance contract or__51 contract with an administrator or administrators hereunder, the presi-__________________________________________________52 dent shall invite proposals from such qualified insurers or administra-_______________53 tors as in his or her opinion would desire to accept any part of the____ ______54 insurance coverage or administrative services authorized by this arti-__________________________55 cle.

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1 § 4. Subdivisions 1, 2, 5, 7 and 8 of section 163 of the civil service2 law, subdivisions 1 and 5 as amended by chapter 329 of the laws of 1960,3 subdivision 2 as amended by chapter 617 of the laws of 1967, subdivision4 7 as amended by chapter 198 of the laws of 1966 and subdivision 8 as5 added by chapter 394 of the laws of 1984, are amended to read as6 follows:7 1. All persons in the service of the state, whether elected, appointed8 or employed, who elect to participate in such health [insurance] benefit_______9 plan shall be eligible to participate therein, provided, however, that10 the president may adopt such regulations as he or she may deem appropri-______11 ate excluding temporary, part time or intermittent employment.12 2. The contract or contracts shall provide for health [insurance]13 benefits for retired employees of the state and of the state colleges of________14 agriculture, home economics, industrial labor relations and veterinary15 medicine, the state agricultural experiment station at Geneva, and any16 other institution or agency under the management and control of Cornell17 university as the representative of the board of trustees of the state18 university of New York, and the state college of ceramics under the19 management and control of Alfred university as the representative of the20 board of trustees of the state university of New York, and their spouses21 and dependent children as defined by the regulations of the president,22 on such terms as the president may deem appropriate, and the president23 may authorize the inclusion in the plan of the employees and retired24 employees of public authorities, public benefit corporations, school25 districts, special districts, district corporations, municipal corpo-26 rations excluding active employees and retired employees of cities27 having a population of one million or more inhabitants whose compen-28 sation is or was before retirement paid out of the city treasury, or29 other appropriate agencies, subdivisions or quasi-public organizations30 of the state and their spouses and dependent children as defined by the31 regulations of the president. Any such corporation, district, agency or32 organization electing to participate in the plan shall be required to33 pay its proportionate share of the expenses of administration of the34 plan in such amounts and at such times as determined and fixed by the35 president. All amounts payable for such expenses of administration36 shall be paid to the commissioner of taxation and finance and shall be37 applied to the reimbursement of funds previously advanced for such38 purposes. Neither the state nor any other participant in the plan shall39 be charged with the particular experience attributable to the employees40 of the participant, and all dividends or retroactive rate credits shall41 be distributed pro-rata based upon the number of employees of such42 participant covered by the plan.43 5. The chief fiscal officer of any such participating employer shall44 be authorized to deduct from the wages or salary paid to its employees45 who are participants in such health [insurance] benefit plan the sums_______46 required to be paid by them under such plan. Each such participating47 employer is authorized to appropriate such sums as are required to be48 paid by it as its share in connection with the operation of such plan.49 7. For purposes of eligibility for participation in the health [insur-50 ance] benefit plan no person shall be deemed to be a state officer or_______51 employee or to be in the service of the state unless his salary or52 compensation is paid directly by the state, and no person shall be53 deemed to be a retired officer or employee of the state unless his sala-54 ry or compensation immediately preceding his retirement was paid direct-55 ly by the state; provided, however, that all active and retired56 justices, judges, officers and employees of the supreme court, surro-

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1 gate's court, county court, family court, civil court of the city of New2 York, criminal court of the city of New York and district court in any3 county, officers and employees of the office of probation for the courts4 of New York city shall be eligible for participation in the health5 [insurance] benefit plan whether or not their salaries are paid or_______6 before retirement were paid directly by the state.7 8. Notwithstanding any other law, rule or regulation to the contrary,8 where the state and an employee organization representing state officers9 and employees who are in positions which are in the collective negotiat-10 ing unit established by chapter four hundred three of the laws of nine-11 teen hundred eighty-three enter into a collectively negotiated agreement12 pursuant to article fourteen of this chapter providing that officers and13 employees who hold positions in such unit on or after April first, nine-14 teen hundred eighty-four and who immediately upon termination from such15 position are eligible to receive a retirement benefit from either the16 New York state or New York city retirement systems shall continue to be17 eligible to participate in the employee benefit fund established by18 section two hundred six-a of the state finance law, such officers and19 employees upon retirement shall continue to participate in and receive20 the benefits of such fund as provided in such collectively negotiated21 agreement and shall not be eligible to receive and shall not receive22 from the statewide health [insurance] benefit plan established pursuant_______23 to this article coverage for benefits covered by such employee benefit24 fund.25 § 4-a. Section 163-a of the civil service law, as added by chapter 30226 of the laws of 1985, is amended to read as follows:27 § 163-a. [Health insurance adjustment] Supplementary plan. 1. For the__________________28 purposes of this section, the term "supplementary plan" shall mean a29 health [insurance] benefit plan which provides an adjustment to the_______30 deductible or co-insurance liability or to the benefits provided by the31 statewide health [insurance] benefit plan purchased pursuant to section_______32 one hundred sixty-two of this article.33 2. The president may require the insurer of a supplementary plan to34 the statewide health [insurance] benefit plan, provided as a result of a_______35 collectively negotiated agreement pursuant to article fourteen of this36 chapter, to make a comparable supplementary plan available to partic-37 ipating employers as of the implementation date of the state employees'38 supplementary plan. The comparable supplementary plan shall be experi-39 ence rated as to those participating employers electing it, with the40 costs thereof allocated equitably among them.41 3. Every participating employer which, on or before July first, nine-42 teen hundred eighty-five, entered into a collectively negotiated agree-43 ment pursuant to article fourteen of this chapter with employee organ-44 izations representing its employees to provide the statewide health45 [insurance] benefit plan shall provide such comparable supplementary_______46 plan on the date established by the president until the expiration of47 such negotiated agreement.48 § 5. Section 165 of the civil service law, as amended by chapter 81049 of the laws of 1964, subdivision 2 as amended by chapter 608 of the laws50 of 1977, is amended to read as follows:51 § 165. Termination of active employment. 1. The health [insurance]52 benefit coverage of any employee and his or her dependents, if any,_______ _______53 shall cease upon the discontinuance of his or her term of office or______54 employment, subject to regulations which may be prescribed by the presi-55 dent for extension of coverage and for conversion to an individual56 contract providing for such of the benefits provided under this article

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1 as may be provided under such individual contracts, under terms approved2 by the president, the total cost of any such contract to be borne by the3 employee.4 2. In the event of death of an employee having coverage at the time of5 death for himself or herself and his or her dependents, and where the__________ ______6 circumstances of death are such that beneficiaries or dependents of such7 deceased employee are entitled to an accidental death benefit payable by8 a retirement system or pension plan administered by the state or a civil9 division thereof on account of death resulting from an accident10 sustained in the performance of his or her duties or to death benefits______11 provided for under the [workmen's] workers' compensation law, the unre-________12 married spouse of such employee covered at the time of his or her death______13 and his or her covered dependents, for so long as they would otherwise______14 qualify as dependents eligible for coverage under the regulations of the15 president, shall be eligible to continue full coverage under the health16 [insurance] benefit plan upon payment at intervals determined by the_______17 president of the full cost of such coverage; provided, however, that the18 state shall pay and any participating employer may elect to pay the full19 cost of such coverage, except that in the case of those enrolled in an20 optional benefit plan, the employer shall contribute not more than the21 same dollar amount which would be paid if such unremarried spouse and22 dependents were enrolled in the basic statewide health [insurance] bene-_____23 fit plan. The president shall adopt such regulations as may be required___24 to carry out the provisions of this subdivision which shall include, but25 need not be limited to, provisions for filing application for continued26 coverage, including reasonable time limits therefor, and provisions for27 continued coverage of spouse and dependents pending determination of an28 application for accidental death benefits from a retirement system or29 pension plan administered by the state or a civil division thereof or30 pending determination of a claim for death benefits under the [work-31 men's] workers' compensation law.________32 § 6. Section 165-a of the civil service law, as amended by chapter 46733 of the laws of 1991, the closing paragraph as added by chapter 105 of34 the laws of 2005, is amended to read as follows:35 § 165-a. Continuation of state health [insurance] benefit plans for_______36 survivors of employees of the state and/or of a political subdivision or37 of a public authority. Notwithstanding any other provision of law to the38 contrary, the president shall permit the unremarried spouse and the39 dependents, otherwise qualified as eligible for coverage under regu-40 lations of the president, of a person who was an employee of the state41 and/or of a political subdivision thereof or of a public authority for42 not less than ten years, provided however, that the ten-year service43 requirement shall not apply to such employees on active military duty in44 connection with the Persian Gulf conflict who die on or after August45 second, nineteen hundred ninety while in the Persian Gulf combat zone or46 while performing such military duties, who had been a participant in any47 of the state health [insurance] benefit plans, to continue under the_______48 coverage which such deceased employee had in effect at the time of49 death, upon the payment at intervals determined by the president of the50 full cost of such coverage, provided, however, that the unremarried51 spouse of an active employee of the State who died on or after April52 first nineteen hundred seventy-five and before April first nineteen53 hundred seventy-nine who timely elected to continue dependent coverage,54 or such unremarried spouse who timely elected individual coverage shall55 continue to pay at intervals determined by the president one-quarter of56 the full cost of dependent coverage and provided further, that, with

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1 regard to employees of the State, where and to the extent that an agree-2 ment pursuant to article fourteen of this chapter so provides, or where3 the director of employee relations, with respect to employees of the4 State who are not included within a negotiating unit so recognized or5 certified pursuant to article fourteen of this chapter whom the director6 of employee relations determines should be declared eligible for the7 continuation of health [insurance] benefit plans for the survivors of_______8 such employees of the State, the president shall adopt regulations9 providing for the continuation of such health [insurance] benefit or__________10 benefits by the unremarried spouse of an active employee of the State________11 who died on or after April first nineteen hundred seventy-nine who12 elects to continue dependent coverage, or such unremarried spouse who13 elects individual coverage, and upon such election shall pay at inter-14 vals determined by the president one-quarter of the full cost of depend-15 ent coverage and, provided further with respect to enrolled employees of16 a political subdivision or public authority in a negotiating unit recog-17 nized or certified pursuant to article fourteen of this chapter, where18 an agreement negotiated pursuant to said article so provides, and with19 respect to enrolled employees of a political subdivision or public20 authority not included within a negotiating unit so recognized or certi-21 fied, at the discretion of the appropriate political subdivision or22 public authority, the unremarried spouse of an active employee of the23 political subdivision or of the public authority who died on or after24 April first nineteen hundred seventy-five, may elect to continue depend-25 ent coverage or such unremarried spouse may elect individual coverage26 and upon such election shall pay at intervals determined by the presi-27 dent one-quarter of the full cost of dependent coverage.28 The president shall adopt such regulations as may be required to carry29 out the provisions of this subdivision which shall include, but need not30 be limited to, provisions for filing application for continued coverage.31 Notwithstanding any law to the contrary, the survivors of any employee32 subject to this section shall be entitled to the health [insurance]33 benefits granted pursuant to this section, provided that such employee34 died while on active duty other than for training purposes, pursuant to35 Title 10 of the United States Code, with the armed forces of the United36 States, and such member died on such active duty on or after the effec-37 tive date of [the] chapter one hundred five of the laws of two thousand________________38 five [which added this paragraph] as a result of injuries, disease or39 other medical condition sustained or contracted in such active duty with40 the armed forces of the United States.41 § 7. Paragraph (a) of subdivision 1 and subdivisions 2, 4, 5 and 6 of42 section 167 of the civil service law, paragraph (a) of subdivision 1 as43 amended by chapter 582 of the laws of 1988, subdivision 2 as amended by44 chapter 534 of the laws of 1998, subdivision 4 as amended by chapter 40745 of the laws of 1970, subdivision 5 as amended by chapter 617 of the laws46 of 1967, and subdivision 6 as amended by section 2 of part C of chapter47 56 of the laws of 2006, are amended to read as follows:48 (a) The full cost of premium or subscription charges for the coverage49 of retired state employees who are enrolled in the statewide and the50 supplementary health [insurance] benefit plans established pursuant to_______51 this article and who retired prior to January first, nineteen hundred52 eighty-three shall be paid by the state. Nine-tenths of the cost of53 premium or subscription charges for the coverage of state employees and54 retired state employees retiring on or after January first, nineteen55 hundred eighty-three who are enrolled in the statewide and supplementary56 health [insurance] benefit plans shall be paid by the state. Three-_______

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1 quarters of the cost of premium or subscription charges for the coverage2 of dependents of such state employees and retired state employees shall3 be paid by the state. Except as provided in paragraph (b) of this subdi-4 vision, the state shall contribute toward the premium or subscription5 charges for the coverage of each state employee or retired state employ-6 ee who is enrolled in an optional benefit plan and for the dependents of7 such state employee or retired state employee the same dollar amount8 which would be paid by the state for the premium or subscription charges9 for the coverage of such state employee or retired state employee and10 his or her dependents if he or she were enrolled in the statewide and11 the supplementary health [insurance] benefit plans, but not in excess of_______12 the premium or subscription charges for the coverage of such state13 employee or retired state employee and his or her dependents under such14 optional benefit plan. For purposes of this subdivision, employees of15 the state colleges of agriculture, home economics, industrial labor16 relations, and veterinary medicine, the state agricultural experiment17 station at Geneva, and any other institution or agency under the manage-18 ment and control of Cornell university as the representative of the19 board of trustees of the state university of New York, and employees of20 the state college of ceramics under the management and control of Alfred21 university as the representative of the board of trustees of the state22 university of New York, shall be deemed to be state employees whose23 salaries or compensation are paid directly by the state.24 2. Each participating employer shall be required to pay not less than25 fifty percentum of the cost of premium or subscription charges for the26 coverage of its employees and retired employees who are enrolled in the27 statewide only or the statewide and comparable supplementary health28 [insurance] benefit plans established pursuant to this article. Such_______29 employer shall be required to pay not less than thirty-five percentum of30 the cost of premium or subscription charges for the coverage of depen-31 dents of such employees and retired employees. Such employer shall32 contribute toward the premium or subscription charges for the coverage33 of each employee or retired employee who is enrolled in an optional34 benefit plan and for the dependents of such employee or retired employee35 the same dollar amount which would be paid by such employer for the36 premium or subscription charges for the coverage of such employee or37 retired employee and his or her dependents if he or she were enrolled in38 the statewide health [insurance] benefit plan, but not in excess of the_______39 premium or subscription charges for the coverage of such employee or40 retired employee and his or her dependents under such optional benefit41 plan. Such employer shall not be required to pay the cost of premium or42 subscription charges for the coverage of unpaid elected officials, or43 unpaid board members of a public authority, or their dependents,44 provided, however that no unpaid board member of a public authority45 shall be eligible to participate in such [insurance] benefit plan until_______46 he or she has served in such position for at least six months. Subject47 to such regulations as the president may prescribe, any participating48 employer may elect to pay higher rates of contribution for the coverage49 of employees, retired employees and their dependents; provided, however,50 that if a participating employer elects to pay a higher or lower rate of51 contribution for its retired employees or their dependents, or both,52 than that paid by the state for its retired employees or their depen-53 dents, or both, amounts withheld from the retirement allowances of such54 retired employees for their share of premium or subscription charges, if55 any, shall, if the president so requires, be paid to such participating56 employer which shall pay into the health insurance fund the full cost of

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1 premium or subscription charges for the coverage of such retired employ-2 ees and their dependents. Such election shall be exercised by the3 adoption of a resolution by its governing body which, if required by law4 to be approved by any other body or officer, shall have been so5 approved.6 4. Upon the retirement, on or after July first, nineteen hundred7 sixty-five, of a state employee whose salary or compensation is paid8 directly by the state, who is subject to a plan established by law,9 rule, regulation, written order or written policy which provides for the10 regular earning and accumulation of sick leave, and who is eligible to11 continue coverage under the health [insurance] benefit plan after_______12 retirement, the department [of civil service] shall determine, based on13 the employee's age at the time of retirement, the actuarial equivalent14 in monthly installments for the remaining life expectancy of such15 retired employee, of the dollar value of the earned and accumulated but16 unused sick leave standing to his or her credit at the time of retire-______17 ment, without interest. Such dollar value shall be based on the employ-18 ee's salary at the time of retirement. In addition to regular employer19 contributions, contributions in the amount of such monthly installments20 shall be paid from the state's appropriation to the health insurance21 fund and applied towards the charges for health [insurance] benefits on________22 account of such retired employee and his or her dependents, to the______23 extent necessary to pay such charges. The remaining amount, if any,24 necessary to pay such charges shall be contributed by such retired25 employee. On or after October first, nineteen hundred seventy when such26 dollar value of such sick leave amounts to less than one hundred dollars27 for a particular retired employee, in lieu of contributions which would28 otherwise be required from such retired employee, additional contrib-29 utions shall be paid for the state's appropriation to the health insur-30 ance fund and applied towards the charges for health [insurance] bene-_____31 fits on account of such retired employee and his or her dependents until____ ______32 the sum of such additional contributions equals such dollar value of33 such sick leave. The remaining amount, if any, necessary to pay such34 charges shall be contributed by such retired employee. For purposes of35 this subdivision, employees of the state colleges of agriculture, home36 economics, industrial labor relations, and veterinary medicine, the37 state agricultural experiment station at Geneva, and any other institu-38 tion or agency under the management and control of Cornell university as39 the representative of the board of trustees of the state university of40 New York, and employees of the state college of ceramics under the41 management and control of Alfred university as the representative of the42 board of trustees of the state university of New York, shall be deemed43 to be state employees whose salaries or compensation is paid directly by44 the state.45 5. Subject to such regulations as the president may prescribe, any46 participating employer may elect to make additional contributions47 towards charges for health [insurance] benefit coverage on account of_______48 its retired employees and their dependents, based on the dollar value of49 their sick leave accumulated but unused at the time of retirement. Such50 election shall apply to employees in the service of the participating51 employer who retire on or after the effective date of such election, who52 are subject to a plan established by law, rule, regulation, written53 order or written policy which provides for the regular earning and accu-54 mulation of sick leave, and who are eligible to continue coverage under55 the health [insurance] benefit plan after retirement. The participating_______56 employer shall certify to the department [of civil service] the dollar

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1 value of earned and accumulated but unused sick leave standing to the2 credit of an employee at the time of his or her retirement. Additional______3 contributions shall be paid by such participating employer and applied4 towards charges for health [insurance] benefits on account of its________5 retired employees and their dependents in the same manner as provided in6 subdivision four of this section with respect to retired state employees7 and their dependents.8 6. There is hereby created a health insurance fund which shall be9 available without fiscal year limitation for premium or subscription10 charge payments, for payment of health benefits to plan participants,_________________________________________________________11 and for administrative services under any contract or contracts___________________________________12 purchased in accordance with this article. The amounts withheld from13 employees and retired employees under subdivision three of this section,14 all amounts appropriated by the state to such health insurance fund, and15 all amounts contributed by any participating employer pursuant to subdi-16 vision two of this section, shall be credited to such health insurance17 fund. The income derived from any dividends, premium rate adjustments or18 other refunds under any such contract or contracts shall be credited to19 such fund and retained therein as a special reserve for adverse fluctu-20 ation in future charges under any such contract or contracts. Any inter-21 est earned by the investment of moneys in such health insurance fund22 shall be added to such special reserve, become a part of such special23 reserve, and be used for the purpose of such special reserve.24 § 8. Section 167-a of the civil service law, as added by chapter 60225 of the laws of 1966, is amended to read as follows:26 § 167-a. Reimbursement for medicare premium charges. Upon exclusion27 from the coverage of the health [insurance] benefit plan of supplementa-_______28 ry medical insurance benefits for which an active or retired employee or29 a dependent covered by the health [insurance] benefit plan is or would_______30 be eligible under the federal old-age, survivors and disability insur-31 ance program, an amount equal to the premium charge for such supplemen-32 tary medical insurance benefits for such active or retired employee and33 his or her dependents, if any, shall be paid monthly or at other inter-______34 vals to such active or retired employee from the health insurance fund.35 Where appropriate, such amount may be deducted from contributions paya-36 ble by the employee or retired employee; or where appropriate in the37 case of a retired employee receiving a retirement allowance, such amount38 may be included with payments of his or her retirement allowance._______39 Employer contributions to the health insurance fund shall be adjusted as40 necessary to provide for such payments.41 § 9. Section 168 of the civil service law, as amended by chapter 32942 of the laws of 1960, subdivisions 1 and 2 as amended by chapter 585 of43 the laws of 1968 and subdivision 3 as amended by chapter 198 of the laws44 of 1966, is amended to read as follows:45 § 168. Assessment of certain costs. 1. If the salary or compensation46 of any officers and employees of the state is paid from a special or47 administrative fund or funds, other than the state purposes fund or the48 local assistance fund of the general fund of the state or the capital49 construction fund or an income fund of the state university or the50 mental hygiene services fund, such fund or funds shall be charged, and51 there shall be paid therefrom as [hereinafter] provided in this section_______________52 the employer's share of the premium for the coverage of such officers53 and employees under the health [insurance] benefit plan. If the amounts_______54 appropriated or allocable from such special or administrative fund or55 funds are insufficient for such purpose, the director of the budget is56 hereby authorized to allocate such additional sums from such fund or

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1 funds as may be necessary therefor; provided, however, that no transfer2 shall be made between two or more of such funds. Such amounts shall be3 paid, at such times as shall be required by the president, to the4 commissioner of taxation and finance and shall be credited to the health5 insurance fund to pay, or reimburse the health insurance fund for the6 payment of, the employer's share of the premium for coverage of such7 officers and employees under the health [insurance] benefit plan._______8 2. If the salary or compensation of any officers and employees of the9 state is payable from a special or administrative fund or funds, other10 than the state purposes fund or the local assistance fund of the general11 fund of the state or the capital construction fund or an income fund of12 the state university or the mental hygiene services fund, a propor-13 tionate share of the expenses of administration of the health [insur-14 ance] benefit plan, on account of coverage of such officers and employ-_______15 ees, shall be payable from such fund or funds. If the amounts16 appropriated or allocable from such special or administrative fund or17 funds are insufficient for such purpose, the director of the budget is18 hereby authorized to allocate such additional sums from such funds or19 funds as may be necessary therefor; provided, however, that no transfer20 shall be made between two or more of such funds. The proportionate share21 of the expenses of administration of the health [insurance] benefit plan_______22 chargeable pursuant to this subdivision to any special or administrative23 fund shall be determined by the president and shall be payable at such24 times as may be fixed by him or her. Such sums shall be payable to the______25 commissioner of taxation and finance and shall be applied to the26 reimbursement of funds previously advanced for the expenses of adminis-27 tration of the health [insurance] benefit plan._______28 3. (a) If the salary or compensation of any justices, judges, officers29 and employees of the supreme court, surrogate's court, county court,30 family court, civil court of the city of New York, criminal court of the31 city of New York and district court in any county, officers and employ-32 ees of the office of probation for the courts of New York city is not33 paid in whole or in part from the treasury of the state, but is paid34 directly from the treasury of a civil division, such civil division35 shall be required to pay the employer's share of the premium charges for36 the coverage of such justices, judges, officers and employees under the37 state health [insurance] benefit plan. The appropriate fiscal officer of_______38 such civil division shall deduct from the salary or wages paid to such39 justices, judges, officers and employees the sums required to be paid by40 them under such plan. Such deductions and the corresponding employer's41 share of premium charges shall be paid, at such times as required by the42 president, to the commissioner of taxation and finance and shall be43 credited to the health insurance fund.44 (b) If the salary or compensation of any retired justices, judges,45 officers and employees of the supreme court, surrogate's court, county46 court, family court, civil court of the city of New York, criminal court47 of the city of New York and district court in any county, officers and48 employees of the office of probation for the courts of New York city49 prior to retirement was not paid in whole or in part from the treasury50 of the state but was paid directly from the treasury of a civil divi-51 sion, such civil division shall be required to pay the employer's share52 of the premium charges for the coverage of such retired justices, judg-53 es, officers and employees under the state health [insurance] benefit_______54 plan. If such retired justices, judges, officers and employees are55 receiving retirement allowances from a pension or retirement plan or56 system administered by such civil division, the amounts required to be

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1 paid by such retired justices, judges, officers and employees as their2 share of premium charges shall be deducted from their retirement allow-3 ances. Such deductions and the employer's share of premium charges shall4 be paid, at such times as required by the president, to the commissioner5 of taxation and finance and shall be credited to the health insurance6 fund.7 (c) Any civil division required by this subdivision to pay the employ-8 er's share of the premium charges for the coverage of active or retired9 justices, judges, officers and employees of the supreme court, surro-10 gate's court, county court, family court, civil court of the city of New11 York, criminal court of the city of New York and district court in any12 county, officers and employees of the office of probation for the courts13 of New York city shall also be assessed and required to pay a propor-14 tionate share of the expenses of administration of the health [insur-15 ance] benefit plan in such amounts and at such times as determined by_______16 the president. Such sums shall be payable to the commissioner of taxa-17 tion and finance and shall be applied to the reimbursement of funds18 previously advanced for the expenses of administration of the health19 [insurance] benefit plan._______20 § 10. Subdivisions 1 and 3 of section 161-a of the civil service law,21 subdivision 1 as amended by chapter 302 of the laws of 1985 and subdivi-22 sion 3 as added by chapter 307 of the laws of 1979, are amended to read23 as follows:24 1. Where, and to the extent that, an agreement between the state and25 an employee organization entered into pursuant to article fourteen of26 this chapter provides for health [insurance] benefits, the president,27 after receipt of written directions from the director of employee28 relations, shall implement the provisions of such agreement consistent29 with the terms thereof and to the extent necessary shall adopt regu-30 lations providing for the benefits to be thereunder provided. The presi-31 dent, with the approval of the director of the budget, may extend such32 benefits, in whole or in part, to employees not subject to the33 provisions of such agreement.34 3. There is hereby created a council on employee health insurance to35 supervise the administration of changes to the health [insurance] bene-_____36 fit plan negotiated in collective negotiations and to provide continuing___37 policy direction to insurance plans administered by the state the38 provisions of any other law to the contrary notwithstanding. The council39 shall consist of the president [of the civil service commission], the40 director of the division of the budget, and the director of employee41 relations.42 § 11. Paragraph (a) of subdivision 1 of section 11 of the civil43 service law, as amended by chapter 299 of the laws of 1968, is amended44 to read as follows:45 (a) The term "expenses of administration" means the total cost of46 administration of the department [of civil service], excluding costs of47 providing services to municipalities and costs of administration of the48 health [insurance] benefit plan, and excluding costs of special programs_______49 or activities of the department as may be determined by the president,50 subject to approval of the director of the budget, which do not serve51 generally all state departments and agencies under the jurisdiction of52 the department;53 § 12. Section 158 of the civil service law, as added by chapter 104754 of the laws of 1973, subdivision 1 as amended by section 4 of part C of55 chapter 56 of the laws of 2006, is amended to read as follows:

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1 § 158. Group term life insurance plan and group accident and health2 [insurance] benefit plan. 1. The president, subject to the provisions of_______3 this section, is hereby empowered to establish regulations relating to,4 and to enter into and administer contracts providing for, a group term5 life insurance plan, and a group accident and health [insurance] benefit_______6 plan on behalf of legislators, employees of the legislature hired on an7 annual basis, judges and justices of the unified court system, and state8 employees and retired employees who, for the purposes of article four-9 teen of this chapter, have been for a period of time prescribed by the10 regulations and, except for such retirees, continue to be in positions11 designated as managerial or confidential positions. The president may12 authorize the inclusion in the plan of such employees and retired13 employees of other governments or public employers as defined in subdi-14 vision [seven] six of section two hundred one of this chapter. The pres-___15 ident may adopt whatever other regulations which may be necessary to16 fulfill the intentions of this section. No regulation shall be adopted,17 repealed or amended, and no other action taken with respect to such18 employees affecting the amount of, or eligibility for, benefits or rates19 of contribution under this section without the approval of the director20 of employee relations.21 The full costs of any insurance program or programs established pursu-22 ant to this subdivision, excluding administrative costs, shall be borne23 by insureds and retirees. Any interest earned by the moneys in the life24 insurance fund shall be added to such fund, become a part of such fund,25 be used for the purpose of such fund, and be available without fiscal26 year limitation.27 2. The regulations of the president authorized by this section shall28 provide that the entire cost of premiums or subscription charges for29 coverage under the insurance plans established pursuant to such regu-30 lations shall be borne by the employees electing such coverage. Such31 regulations may provide for the allocation of any administrative32 expenses, other than those of the insurer, among employers or employees33 or retired employees participating in such coverage.34 § 13. Subdivision 1 of section 174 of the civil service law, as added35 by chapter 585 of the laws of 1998, is amended to read as follows:36 1. All persons who, as of the effective date of this article, are or37 shall become eligible to participate in the state health [insurance]38 benefit plan established under article eleven of this chapter, shall be_______39 eligible to participate in the long term care insurance plan established40 under this article. The president shall adopt regulations prescribing41 the conditions under which an eligible individual may elect to partic-42 ipate in the long term care insurance plan.43 § 14. The article heading of article 11 of the civil service law, as44 added by chapter 461 of the laws of 1956 and such article as renumbered45 by chapter 790 of the laws of 1958, is amended to read as follows:46 HEALTH [INSURANCE] BENEFITS FOR STATE AND RETIRED STATE EMPLOYEES________47 § 15. Subparagraph (i) of paragraph f of subdivision 2 of section 5 of48 the state finance law, as added by section 1 of part E of chapter 56 of49 the laws of 2000, is amended to read as follows:50 (i) in the unclassified service of the state and, notwithstanding any51 other provision of law to the contrary, shall be designated managerial52 and, as such, eligible for benefits provided by subdivision two of53 section eleven and subdivision (a) of section twelve of chapter four54 hundred sixty of the laws of nineteen hundred eighty-two, as amended;55 section one hundred fifty-eight of the civil service law; eligible to56 participate in the state deferred compensation plan, the New York state

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1 and local employees' retirement system; the health [insurance] benefit_______2 plan for state employees; and subject to coverage under sections seven-3 teen and eighteen of the public officers law, or4 § 16. Subdivisions 1 and 3 of section 99-c of the state finance law,5 as added by chapter 55 of the laws of 1977, are amended to read as6 follows:7 1. In the event a county, city, town, village or school district which8 has elected to receive distribution or distributions from the health9 insurance reserve receipts fund, pursuant to an agreement between such10 municipality or school district and the state and which has elected to11 terminate its contractual agreement for health [insurance] benefits with________12 the New York state department of civil service, or if called upon by the13 New York state department of civil service, pursuant to such agreement,14 to return such distribution within the time period and under the condi-15 tions specified in such agreement, shall be in default of its obligation16 to repay such distribution, the allotment, apportionment, and payment of17 local assistance aid, education aid or other state aid as appropriate18 and as determined by the comptroller shall be withheld by the state upon19 the following terms and conditions.20 3. Notwithstanding any inconsistent provisions of law, the comptroller21 shall establish a fund, to be called the health insurance reserve22 receipts fund, to receive transfers of funds from the health insurance23 carriers or the plan administrator or administrators of the New York______________________________________________24 state employee health [insurance] benefit plan, pursuant to contractual_______25 agreements between such carriers and the New York state department of26 civil service and/or from the health insurance fund. Moneys returned by27 the municipalities and school districts or withheld from state aid by28 the comptroller pursuant to provisions governing termination of the29 contractual agreements shall be deposited in this fund. Disbursements30 from the health insurance reserve receipts fund shall be [for the31 purpose of returning to participating governments and school districts32 the appropriate share of moneys remitted by such health insurance carri-33 ers and/or] for the purpose of remitting to the carriers any moneys due34 them as a result of termination of the state's contract with the carri-35 ers or termination of agreements between the state and municipalities36 and school districts and/or for the purpose of transferring funds to the37 health insurance fund. Disbursements from such fund shall be made pursu-38 ant to the procedures for authorization of expenditures contained in39 article [XI] eleven of the civil service law upon the issuance of a______40 certificate of approval of availability by the director of the budget41 and subject to audit and warrant of the comptroller.42 § 17. Subdivision 2 of section 9.09 of the parks, recreation and43 historic preservation law is amended to read as follows:44 2. For the purposes of eligibility for participation in the state45 health [insurance] benefit plan under article eleven of the civil_______46 service law and for survivor's benefits for active and retired state47 employees [as provided by sections one hundred fifty-four and one48 hundred fifty-five of the civil service law], employees of the commis-49 sion, to the extent to which the compensation paid for their services is50 derived from funds appropriated by this state, shall be deemed to be51 employees of this state and qualified for such participation and bene-52 fits. For the purpose of determining their rights under the [workmen's]53 workers' compensation law of this state, employees of the commission________54 employed wholly or partly in this state shall be deemed to be employees55 of this state provided, however, that the amount of any payment made56 under such compensation law to an employee of the commission employed

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1 only partly in this state shall be only in such proportion as the amount2 of his or her salary paid by the state of New York shall bear to his or______ __3 her total salary.___4 § 18. Subsection (b) of section 1101 of the insurance law is amended5 by adding a new subparagraph 6 to read as follows:6 (6) Notwithstanding the foregoing, the election by the president of______________________________________________________________________7 the civil service commission to provide health benefits directly to New________________________________________________________________________8 York state health benefit plan participants shall not constitute the________________________________________________________________________9 doing of insurance business within the meaning of article eleven of the________________________________________________________________________10 insurance law.______________11 § 19. This act shall take effect immediately and shall be deemed to12 have been in full force and effect on and after April 1, 2010.

13 PART U

14 Section 1. Section 167-a of the civil service law, as added by chapter15 602 of the laws of 1966, is amended to read as follows:16 § 167-a. Reimbursement for medicare premium charges. Upon exclusion17 from the coverage of the health insurance plan of supplementary medical18 insurance benefits for which an active or retired employee or a depend-19 ent covered by the health insurance plan is or would be eligible under20 the federal old-age, survivors and disability insurance program, an21 amount equal to the premium charge for such supplementary medical insur-22 ance benefits for such active or retired employee and his or her depen-______23 dents, if any, shall be paid monthly or at other intervals to such24 active or retired employee from the health insurance fund. Where appro-25 priate, such amount may be deducted from contributions payable by the26 employee or retired employee; or where appropriate in the case of a27 retired employee receiving a retirement allowance, such amount may be28 included with payments of his or her retirement allowance. [Employer]______29 All state employer, employee, retired employee and dependent contrib-________________________________________________________________________30 utions to the health insurance fund shall be adjusted as necessary to________________________________________________________________________31 provide for payment of premium charges under this section. All other________________________________________________________________________32 employer contributions to the health insurance fund shall be adjusted as________33 necessary to provide for such payments.34 § 2. This act shall take effect immediately and shall be deemed to35 have been in full force and effect on and after April 1, 2010.

36 PART V

37 Section 1. The retirement and social security law is amended by adding38 a new section 16-e to read as follows:39 § 16-e. Amortization of a portion of the state's contribution bill for______________________________________________________________________40 fiscal year ending March thirty-first, two thousand eleven. a. If the________________________________________________________________________41 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________42 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________43 the annual actuarial valuation made as of April first, two thousand nine________________________________________________________________________44 as provided for in this chapter, the comptroller shall determine the________________________________________________________________________45 amount (exclusive of payments for group term life insurance, deficiency________________________________________________________________________46 payments, adjustments relating to prior to fiscal years' obligations and________________________________________________________________________47 obligations pertaining to retirement incentives or any other obligations________________________________________________________________________48 that the state is permitted to pay on an amortized basis) required to be________________________________________________________________________49 paid pursuant to section twenty-three-a of this article for the fiscal________________________________________________________________________50 year ending March thirty-first, two thousand eleven. The amount by which________________________________________________________________________51 the contribution amount with respect to the fiscal year ending March________________________________________________________________________52 thirty-first, two thousand eleven exceeds nine and one-half percent of________________________________________________________________________

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1 the estimated pensionable salary base for the fiscal year ending March________________________________________________________________________2 thirty-first, two thousand eleven shall be the "amount eligible for________________________________________________________________________3 amortization." The "amount eligible for amortization" may be amortized________________________________________________________________________4 over a ten-year period at a fixed rate of interest per annum to be________________________________________________________________________5 determined by the comptroller to be applied to the unpaid balance of the________________________________________________________________________6 amounts eligible for amortization of all employers, which approximates a________________________________________________________________________7 market rate of return on taxable fixed rate securities with similar________________________________________________________________________8 terms issued by comparable issuers, with the first of ten equal payments________________________________________________________________________9 payable during the fiscal year ending March thirty-first, two thousand________________________________________________________________________10 twelve._______11 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________12 March thirty-first, two thousand eleven, pay a lesser amount during the________________________________________________________________________13 fiscal year ending March thirty-first, two thousand eleven which shall________________________________________________________________________14 be determined by the comptroller to equal the following amount:_______________________________________________________________15 the entire bill for the fiscal year ending on March thirty-first, two______________________________________________________________________16 thousand eleven, calculated pursuant to section twenty-three-a of this________________________________________________________________________17 article (without reference to this section) less the "amount eligible________________________________________________________________________18 for amortization" determined pursuant to subdivision a of this section._______________________________________________________________________19 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________20 this section, the state shall pay during the fiscal year ending March________________________________________________________________________21 thirty-first, two thousand twelve an amount determined by the comp-________________________________________________________________________22 troller by adding the following two amounts together:_____________________________________________________23 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________24 first, two thousand twelve, calculated pursuant to section________________________________________________________________________25 twenty-three-a of this article (without reference to this section), less________________________________________________________________________26 the "amount eligible for amortization" determined pursuant to section________________________________________________________________________27 sixteen-f of this title, if applicable, and___________________________________________28 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________29 zation" determined pursuant to subdivision a of this section._____________________________________________________________30 d. The remaining amortized payments determined pursuant to section______________________________________________________________________31 sixteen-c and sixteen-d of this title and pursuant to this section shall________________________________________________________________________32 be due and payable each subsequent fiscal year during the applicable________________________________________________________________________33 amortization period. The comptroller shall have the authority to permit________________________________________________________________________34 the pre-payment of the remaining balance of the "amount eligible for________________________________________________________________________35 amortization," determined pursuant to both such sections subject to the________________________________________________________________________36 following:__________37 (1) on or before August first, two thousand ten, in addition to advis-______________________________________________________________________38 ing with respect to the amount due for the current year billing and for________________________________________________________________________39 the payment of the amortized annual installments determined pursuant to________________________________________________________________________40 sections sixteen-c and sixteen-d of this title and pursuant to this________________________________________________________________________41 section, the comptroller shall advise the state of the total amount due________________________________________________________________________42 and be authorized to accept pre-payment in full of said amount for________________________________________________________________________43 fiscal year ending March thirty-first, two thousand eleven.___________________________________________________________44 (2) on or before each subsequent August first during the amortization______________________________________________________________________45 periods, in addition to the amount due for the current year billing and________________________________________________________________________46 for the payment of the annual amortized installments, the comptroller________________________________________________________________________47 shall advise the state of the total amount still outstanding and be________________________________________________________________________48 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________49 for that fiscal year._____________________50 § 2. The retirement and social security law is amended by adding a new51 section 16-f to read as follows:52 § 16-f. Amortization of a portion of the state's contribution bill for______________________________________________________________________53 fiscal year ending March thirty-first, two thousand twelve. a. If the________________________________________________________________________54 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________55 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________56 the annual actuarial valuation made as of April first, two thousand ten________________________________________________________________________

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1 as provided for in this chapter, the comptroller shall determine the________________________________________________________________________2 amount (exclusive of payments for group term life insurance, deficiency________________________________________________________________________3 payments, adjustments relating to prior fiscal years' obligations and________________________________________________________________________4 obligations pertaining to retirement incentives or any other obligations________________________________________________________________________5 that the state is permitted to pay on an amortized basis) required to be________________________________________________________________________6 paid pursuant to section twenty-three-a of this article for the fiscal________________________________________________________________________7 year ending March thirty-first, two thousand twelve. The amount by which________________________________________________________________________8 the contribution amount with respect to the fiscal year ending March________________________________________________________________________9 thirty-first, two thousand twelve exceeds ten and one-half percent of________________________________________________________________________10 the estimated pensionable salary base for the fiscal year ending March________________________________________________________________________11 thirty-first, two thousand twelve shall be the "amount eligible for________________________________________________________________________12 amortization." The "amount eligible for amortization" may be amortized________________________________________________________________________13 over a ten-year period at a fixed rate of interest per annum to be________________________________________________________________________14 determined by the comptroller to be applied to the unpaid balance of the________________________________________________________________________15 amounts eligible for amortization of all employers, which approximates a________________________________________________________________________16 market rate of return on taxable fixed rate securities with similar________________________________________________________________________17 terms issued by comparable issuers, with the first of ten equal payments________________________________________________________________________18 payable during the fiscal year ending March thirty-first, two thousand________________________________________________________________________19 thirteen._________20 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________21 March thirty-first, two thousand twelve, pay a lesser amount during the________________________________________________________________________22 fiscal year ending March thirty-first, two thousand twelve which shall________________________________________________________________________23 be determined by the comptroller by adding the following two amounts________________________________________________________________________24 together:_________25 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________26 two thousand twelve, calculated pursuant to section twenty-three-a of________________________________________________________________________27 this article (without reference to this section) less the "amount eligi-________________________________________________________________________28 ble for amortization" determined pursuant to subdivision a of this________________________________________________________________________29 section; and____________30 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________31 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________32 this title, if applicable.__________________________33 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________34 this section, the state shall pay during the fiscal year ending March________________________________________________________________________35 thirty-first, two thousand thirteen an amount determined by the comp-________________________________________________________________________36 troller by adding the following three amounts together:_______________________________________________________37 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________38 first, two thousand thirteen, calculated pursuant to section twenty-________________________________________________________________________39 three-a of this article (without reference to this section) less the________________________________________________________________________40 "amount eligible for amortization" determined pursuant to section________________________________________________________________________41 sixteen-g of this article, if applicable,_________________________________________42 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________43 zation" determined pursuant to subdivision a of this section, and_________________________________________________________________44 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________45 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________46 this title, if applicable.__________________________47 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________48 sixteen-c, sixteen-d, and sixteen-e of this title and pursuant to this________________________________________________________________________49 section shall be due and payable each subsequent fiscal year during the________________________________________________________________________50 applicable amortization period. The comptroller shall have the authority________________________________________________________________________51 to permit the pre-payment of the remaining balance of the "amount eligi-________________________________________________________________________52 ble for amortization," determined pursuant to both such sections subject________________________________________________________________________53 to the following:_________________54 (1) on or before August first, two thousand eleven, in addition to______________________________________________________________________55 advising with respect to the amount due for the current year billing and________________________________________________________________________56 for the payment of the amortized annual installments determined pursuant________________________________________________________________________

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1 to sections sixteen-c, sixteen-d, and sixteen-e of this title and pursu-________________________________________________________________________2 ant to this section, the comptroller shall advise the state of the total________________________________________________________________________3 amount due and be authorized to accept pre-payment in full of said________________________________________________________________________4 amount for fiscal year ending March thirty-first, two thousand twelve.______________________________________________________________________5 (2) on or before each subsequent August first during the amortization______________________________________________________________________6 periods, in addition to the amount due for the current year billing and________________________________________________________________________7 for the payment of the annual amortized installments, the comptroller________________________________________________________________________8 shall advise the state of the total amount still outstanding and be________________________________________________________________________9 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________10 for that fiscal year._____________________11 § 3. The retirement and social security law is amended by adding a new12 section 16-g to read as follows:13 § 16-g. Amortization of a portion of the state's contribution bill for______________________________________________________________________14 fiscal year ending March thirty-first, two thousand thirteen. a. If the________________________________________________________________________15 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________16 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________17 the annual actuarial valuation made as of April first, two thousand________________________________________________________________________18 eleven as provided for in this chapter, the comptroller shall determine________________________________________________________________________19 the amount (exclusive of payments for group term life insurance, defi-________________________________________________________________________20 ciency payments, adjustments relating to prior fiscal years' obligations________________________________________________________________________21 and obligations pertaining to retirement incentives or any other obli-________________________________________________________________________22 gations that the state is permitted to pay on an amortized basis)________________________________________________________________________23 required to be paid pursuant to section twenty-three-a of this article________________________________________________________________________24 for the fiscal year ending March thirty-first, two thousand thirteen.________________________________________________________________________25 The amount by which the contribution amount with respect to the fiscal________________________________________________________________________26 year ending March thirty-first, two thousand thirteen exceeds eleven and________________________________________________________________________27 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________28 year ending March thirty-first, two thousand thirteen shall be the________________________________________________________________________29 "amount eligible for amortization." The "amount eligible for amorti-________________________________________________________________________30 zation" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________31 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________32 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________33 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________34 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________35 the first of ten equal payments payable during the fiscal year ending________________________________________________________________________36 March thirty-first, two thousand fourteen.__________________________________________37 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________38 March thirty-first, two thousand thirteen, pay a lesser amount during________________________________________________________________________39 the fiscal year ending March thirty-first, two thousand thirteen which________________________________________________________________________40 shall be determined by the comptroller by adding the following three________________________________________________________________________41 amounts together:_________________42 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________43 two thousand thirteen, calculated pursuant to section twenty-three-a of________________________________________________________________________44 this article (without reference to this section) less the "amount eligi-________________________________________________________________________45 ble for amortization" determined pursuant to subdivision a of this________________________________________________________________________46 section;________47 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________48 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________49 this title, if applicable; and______________________________50 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________51 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________52 this title, if applicable.__________________________53 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________54 this section, the state shall pay during the fiscal year ending March________________________________________________________________________55 thirty-first, two thousand fourteen an amount determined by the comp-________________________________________________________________________56 troller by adding the following four amounts together:______________________________________________________

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1 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________2 first, two thousand fourteen, calculated pursuant to section twenty-________________________________________________________________________3 three-a of this article (without reference to this section), less the________________________________________________________________________4 "amount eligible for amortization" determined pursuant to section________________________________________________________________________5 sixteen-h of this bill, if applicable,______________________________________6 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________7 zation" determined pursuant to subdivision a of this section, and_________________________________________________________________8 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________9 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________10 this title, if applicable, and______________________________11 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________12 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________13 this title, if applicable.__________________________14 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________15 sixteen-c, sixteen-d, sixteen-e, and sixteen-f of this title and pursu-________________________________________________________________________16 ant to this section shall be due and payable each subsequent fiscal year________________________________________________________________________17 during the applicable amortization period. The comptroller shall have________________________________________________________________________18 the authority to permit the pre-payment of the remaining balance of the________________________________________________________________________19 "amount eligible for amortization," determined pursuant to both such________________________________________________________________________20 sections subject to the following:__________________________________21 (1) on or before August first, two thousand twelve, in addition to______________________________________________________________________22 advising with respect to the amount due for the current year billing and________________________________________________________________________23 for the payment of the amortized annual installments determined pursuant________________________________________________________________________24 to section sixteen-c, sixteen-d, sixteen-e and sixteen-f of this title________________________________________________________________________25 and pursuant to this section, the comptroller shall advise the state of________________________________________________________________________26 the total amount due and be authorized to accept pre-payment in full of________________________________________________________________________27 said amount for fiscal year ending March thirty-first, two thousand________________________________________________________________________28 thirteen._________29 (2) on or before each subsequent August first during the amortization______________________________________________________________________30 periods, in addition to the amount due for the current year billing and________________________________________________________________________31 for the payment of the annual amortized installments, the comptroller________________________________________________________________________32 shall advise the state of the total amount still outstanding and be________________________________________________________________________33 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________34 for that fiscal year._____________________35 § 4. The retirement and social security law is amended by adding a new36 section 16-h to read as follows:37 § 16-h. Amortization of a portion of the state's contribution bill for______________________________________________________________________38 fiscal year ending March thirty-first, two thousand fourteen. a. If the________________________________________________________________________39 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________40 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________41 the annual actuarial valuation made as of April first, two thousand________________________________________________________________________42 twelve as provided for in this chapter, the comptroller shall determine________________________________________________________________________43 the amount (exclusive of payments for group term life insurance, defi-________________________________________________________________________44 ciency payments, adjustments relating to prior fiscal years' obligations________________________________________________________________________45 and obligations pertaining to retirement incentives or any other obli-________________________________________________________________________46 gations that the state is permitted to pay on an amortized basis)________________________________________________________________________47 required to be paid pursuant to section twenty-three-a of this article________________________________________________________________________48 for the fiscal year ending March thirty-first, two thousand fourteen.________________________________________________________________________49 The amount by which the contribution amount with respect to the fiscal________________________________________________________________________50 year ending March thirty-first, two thousand fourteen exceeds twelve and________________________________________________________________________51 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________52 year ending March thirty-first, two thousand fourteen shall be the________________________________________________________________________53 "amount eligible for amortization." The "amount eligible for amorti-________________________________________________________________________54 zation" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________55 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________56 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________

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1 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________2 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________3 the first of ten equal payments payable during the fiscal year ending________________________________________________________________________4 March thirty-first, two thousand fifteen._________________________________________5 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________6 March thirty-first, two thousand fourteen, pay a lesser amount during________________________________________________________________________7 the fiscal year ending March thirty-first, two thousand fourteen which________________________________________________________________________8 shall be determined by the comptroller by adding the following four________________________________________________________________________9 amounts together:_________________10 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________11 two thousand fourteen, calculated pursuant to section twenty-three-a of________________________________________________________________________12 this article (without reference to this section) less the "amount eligi-________________________________________________________________________13 ble for amortization" determined pursuant to subdivision a of this________________________________________________________________________14 section; and____________15 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________16 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________17 this title, if applicable; and______________________________18 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________19 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________20 this title, if applicable; and______________________________21 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________22 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________23 this title, if applicable.__________________________24 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________25 this section, the state shall pay during the fiscal year ending March________________________________________________________________________26 thirty-first, two thousand fifteen an amount determined by the comp-________________________________________________________________________27 troller by adding the following five amounts together:______________________________________________________28 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________29 first, two thousand fifteen, calculated pursuant to section twenty-________________________________________________________________________30 three-a of this article (without reference to this section) less the________________________________________________________________________31 "amount eligible for amortization" determined pursuant to section________________________________________________________________________32 sixteen-i of this title, if applicable,_______________________________________33 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________34 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________35 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________36 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________37 this title, if applicable; and______________________________38 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________39 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________40 this title, if applicable; and______________________________41 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________42 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________43 this title, if applicable.__________________________44 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________45 sixteen-c, sixteen-d, sixteen-e, sixteen-f, and sixteen-g of this title________________________________________________________________________46 and pursuant to this section shall be due and payable each subsequent________________________________________________________________________47 fiscal year during the applicable amortization period. The comptroller________________________________________________________________________48 shall have the authority to permit the pre-payment of the remaining________________________________________________________________________49 balance of the "amount eligible for amortization," determined pursuant________________________________________________________________________50 to both such sections subject to the following:_______________________________________________51 (1) on or before August first, two thousand thirteen, in addition to______________________________________________________________________52 advising with respect to the amount due for the current year billing and________________________________________________________________________53 for the payment of the amortized annual installments determined pursuant________________________________________________________________________54 to sections sixteen-c, sixteen-d, sixteen-e, sixteen-f, and sixteen-g of________________________________________________________________________55 this title and pursuant to this section, the comptroller shall advise________________________________________________________________________56 the state of the total amount due and be authorized to accept pre-pay-________________________________________________________________________

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1 ment in full of said amount for fiscal year ending March thirty-first,________________________________________________________________________2 two thousand fourteen.______________________3 (2) on or before each subsequent August first during the amortization______________________________________________________________________4 periods, in addition to the amount due for the current year billing and________________________________________________________________________5 for the payment of the annual amortized installments, the comptroller________________________________________________________________________6 shall advise the state of the total amount still outstanding and be________________________________________________________________________7 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________8 for that fiscal year._____________________9 § 5. The retirement and social security law is amended by adding a new10 section 16-i to read as follows:11 § 16-i. Amortization of a portion of the state's contribution bill for______________________________________________________________________12 fiscal year ending March thirty-first, two thousand fifteen. a. If the________________________________________________________________________13 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________14 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________15 the annual actuarial valuation made as of April first, two thousand________________________________________________________________________16 thirteen as provided for in this chapter, the comptroller shall deter-________________________________________________________________________17 mine the amount (exclusive of payments for group term life insurance,________________________________________________________________________18 deficiency payments, adjustments relating to prior fiscal years' obli-________________________________________________________________________19 gations and obligations pertaining to retirement incentives or any other________________________________________________________________________20 obligations that the state is permitted to pay on an amortized basis)________________________________________________________________________21 required to be paid pursuant to section twenty-three-a of this article________________________________________________________________________22 for the fiscal year ending March thirty-first, two thousand fifteen. The________________________________________________________________________23 amount by which the contribution amount with respect to the fiscal year________________________________________________________________________24 ending March thirty-first, two thousand fifteen exceeds thirteen and________________________________________________________________________25 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________26 year ending March thirty-first, two thousand fifteen shall be the________________________________________________________________________27 "amount eligible for amortization." The "amount eligible for amorti-________________________________________________________________________28 zation" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________29 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________30 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________31 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________32 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________33 the first of ten equal payments payable during the fiscal year ending________________________________________________________________________34 March thirty-first, two thousand sixteen._________________________________________35 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________36 March thirty-first, two thousand fifteen, pay a lesser amount during the________________________________________________________________________37 fiscal year ending March thirty-first, two thousand fifteen which shall________________________________________________________________________38 be determined by the comptroller by adding the following five amounts________________________________________________________________________39 together:_________40 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________41 two thousand fifteen, calculated pursuant to section twenty-three-a of________________________________________________________________________42 this article (without reference to this section) less the "amount eligi-________________________________________________________________________43 ble for amortization" determined pursuant to subdivision a of this________________________________________________________________________44 section; and____________45 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________46 zation" determined pursuant to subdivision a of section sixteen-h of________________________________________________________________________47 this title, if applicable; and______________________________48 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________49 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________50 this title, if applicable; and______________________________51 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________52 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________53 this title, if applicable; and______________________________54 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________55 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________56 this title, if applicable.__________________________

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1 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________2 this section, the state shall pay during the fiscal year ending March________________________________________________________________________3 thirty-first, two thousand sixteen an amount determined by the comp-________________________________________________________________________4 troller by adding the following six amounts together:_____________________________________________________5 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________6 first, two thousand sixteen, calculated pursuant to section twenty-________________________________________________________________________7 three-a of this article (without reference to this section) less the________________________________________________________________________8 "amount eligible for amortization" determined pursuant to section________________________________________________________________________9 sixteen-j of this title, if applicable,_______________________________________10 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________11 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________12 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________13 zation" determined pursuant to subdivision a of section sixteen-h of________________________________________________________________________14 this title, if applicable; and______________________________15 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________16 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________17 this title, if applicable; and______________________________18 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________19 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________20 this title, if applicable; and______________________________21 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________22 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________23 this title, if applicable.__________________________24 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________25 sixteen-c, sixteen-d, sixteen-e, sixteen-f, sixteen-g, and sixteen-h of________________________________________________________________________26 this title and pursuant to this section shall be due and payable each________________________________________________________________________27 subsequent fiscal year during the applicable amortization period. The________________________________________________________________________28 comptroller shall have the authority to permit the pre-payment of the________________________________________________________________________29 remaining balance of the "amount eligible for amortization," determined________________________________________________________________________30 pursuant to both such sections subject to the following:________________________________________________________31 (1) on or before August first, two thousand fourteen, in addition to______________________________________________________________________32 advising with respect to the amount due for the current year billing and________________________________________________________________________33 for the payment of the amortized annual installments determined pursuant________________________________________________________________________34 to sections sixteen-c, sixteen-d, sixteen-e, sixteen-f, sixteen-g and________________________________________________________________________35 sixteen-h of this title and pursuant to this section, the comptroller________________________________________________________________________36 shall advise the state of the total amount due and be authorized to________________________________________________________________________37 accept pre-payment in full of said amount for fiscal year ending March________________________________________________________________________38 thirty-first, two thousand fifteen.___________________________________39 (2) on or before each subsequent August first during the amortization______________________________________________________________________40 periods, in addition to the amount due for the current year billing and________________________________________________________________________41 for the payment of the annual amortized installments, the comptroller________________________________________________________________________42 shall advise the state of the total amount still outstanding and be________________________________________________________________________43 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________44 for that fiscal year._____________________45 § 6. The retirement and social security law is amended by adding a new46 section 16-j to read as follows:47 § 16-j. Amortization of a portion of the state's contribution bill for______________________________________________________________________48 fiscal year ending March thirty-first, two thousand sixteen. a. If the________________________________________________________________________49 comptroller, in his or her discretion, decides to permit amortization of________________________________________________________________________50 employer contributions pursuant to this section, then, on the basis of________________________________________________________________________51 the annual actuarial valuation made as of April first, two thousand________________________________________________________________________52 fourteen as provided for in this chapter, the comptroller shall deter-________________________________________________________________________53 mine the amount (exclusive of payments for group term life insurance,________________________________________________________________________54 deficiency payments, adjustments relating to prior fiscal years' obli-________________________________________________________________________55 gations and obligations pertaining to retirement incentives or any other________________________________________________________________________56 obligations that the state is permitted to pay on an amortized basis)________________________________________________________________________

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1 required to be paid pursuant to section twenty-three-a of this article________________________________________________________________________2 for the fiscal year ending March thirty-first, two thousand sixteen. The________________________________________________________________________3 amount by which the contribution amount with respect to the fiscal year________________________________________________________________________4 ending March thirty-first, two thousand sixteen exceeds fourteen and________________________________________________________________________5 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________6 year ending March thirty-first, two thousand sixteen shall be the________________________________________________________________________7 "amount eligible for amortization." The "amount eligible for amorti-________________________________________________________________________8 zation" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________9 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________10 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________11 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________12 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________13 the first of ten equal payments payable during the fiscal year ending________________________________________________________________________14 March thirty-first, two thousand seventeen.___________________________________________15 b. The state may, in lieu of paying its bill for fiscal year ending______________________________________________________________________16 March thirty-first, two thousand sixteen, pay a lesser amount during the________________________________________________________________________17 fiscal year ending March thirty-first, two thousand sixteen which shall________________________________________________________________________18 be determined by the comptroller by adding the following six amounts________________________________________________________________________19 together:_________20 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________21 two thousand sixteen, calculated pursuant to section twenty-three-a of________________________________________________________________________22 this article (without reference to this section) less the "amount eligi-________________________________________________________________________23 ble for amortization" determined pursuant to subdivision a of this________________________________________________________________________24 section; and____________25 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________26 zation" determined pursuant to subdivision a of section sixteen-i of________________________________________________________________________27 this title, if applicable; and______________________________28 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________29 zation" determined pursuant to subdivision a of section sixteen-h of________________________________________________________________________30 this title, if applicable; and______________________________31 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________32 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________33 this title, if applicable; and______________________________34 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________35 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________36 this title, if applicable; and______________________________37 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________38 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________39 this title, if applicable.__________________________40 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________41 this section, the state shall pay during the fiscal year ending March________________________________________________________________________42 thirty-first, two thousand seventeen an amount determined by the comp-________________________________________________________________________43 troller by adding the following seven amounts together:_______________________________________________________44 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________45 first, two thousand seventeen, calculated pursuant to section twenty-________________________________________________________________________46 three-a of this article (without reference to this section);____________________________________________________________47 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________48 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________49 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________50 zation" determined pursuant to subdivision a of section sixteen-i of________________________________________________________________________51 this title, if applicable; and______________________________52 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________53 zation" determined pursuant to subdivision a of section sixteen-h of________________________________________________________________________54 this title, if applicable; and______________________________

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1 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section sixteen-g of________________________________________________________________________3 this title, if applicable; and______________________________4 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to subdivision a of section sixteen-f of________________________________________________________________________6 this title, if applicable; and______________________________7 (7) the sixth annual installment of the "amount eligible for amorti-______________________________________________________________________8 zation" determined pursuant to subdivision a of section sixteen-e of________________________________________________________________________9 this title, if applicable.__________________________10 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________11 sixteen-c, sixteen-d, sixteen-e, sixteen-f, sixteen-g, sixteen-h and________________________________________________________________________12 sixteen-i of this title and pursuant to this section shall be due and________________________________________________________________________13 payable each subsequent fiscal year during the applicable amortization________________________________________________________________________14 period. The comptroller shall have the authority to permit the pre-pay-________________________________________________________________________15 ment of the remaining balance of the "amount eligible for amortization,"________________________________________________________________________16 determined pursuant to both such sections subject to the following:___________________________________________________________________17 (1) on or before August first, two thousand fifteen, in addition to______________________________________________________________________18 advising with respect to the amount due for the current year billing and________________________________________________________________________19 for the payment of the amortized annual installments determined pursuant________________________________________________________________________20 to sections sixteen-c, sixteen-d, sixteen-e, sixteen-f, sixteen-g,________________________________________________________________________21 sixteen-h and sixteen-i of this title and pursuant to this section, the________________________________________________________________________22 comptroller shall advise the state of the total amount due and be________________________________________________________________________23 authorized to accept pre-payment in full of said amount for fiscal year________________________________________________________________________24 ending March thirty-first, two thousand sixteen.________________________________________________25 (2) on or before each subsequent August first during the amortization______________________________________________________________________26 periods, in addition to the amount due for the current year billing and________________________________________________________________________27 for the payment of the annual amortized installments, the comptroller________________________________________________________________________28 shall advise the state of the total amount still outstanding and be________________________________________________________________________29 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________30 for that fiscal year._____________________31 § 7. Paragraph 2 of subdivision b of section 23-a of the retirement32 and social security law, as added by section 1 of part A of chapter 4933 of the laws of 2003, is amended to read as follows:34 2. requiring a minimum annual contribution from the state and every35 participating employer (exclusive of payments for group term life insur-36 ance, deficiency payments, adjustments relating to prior fiscal years'37 obligations and obligations pertaining to retirement incentives or any38 other obligations that the state or participating employer is permitted39 to pay on an amortized basis) equal to [four] five and one-half percent____40 of pensionable salaries. Effective immediately upon implementation by41 the comptroller of the comprehensive structural reform program set forth42 in this section, and in all subsequent years, participating employers43 shall pay either the required annual contribution determined under the44 revised schedule pertaining to the valuation, billing and payment of45 contributions pursuant to paragraph one of this subdivision, or the46 required minimum annual contribution of [four] five and one-half percent____47 of pensionable salaries, whichever is greater; and48 § 8. The retirement and social security law is amended by adding a new49 section 316-e to read as follows:50 § 316-e. Amortization of a portion of the state's contribution bills______________________________________________________________________51 for fiscal year ending March thirty-first, two thousand eleven. a. If________________________________________________________________________52 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________53 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________54 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________55 thousand nine as provided for in this chapter, the comptroller shall________________________________________________________________________56 determine the annual amount (exclusive of payments for group term life________________________________________________________________________

AB

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1 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________2 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________3 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________4 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________5 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________6 first, two thousand eleven. The amount by which the contribution amount________________________________________________________________________7 with respect to fiscal year ending March thirty-first, two thousand________________________________________________________________________8 eleven exceeds seventeen and one-half percent of the estimated pensiona-________________________________________________________________________9 ble salary base for fiscal year ending March thirty-first, two thousand________________________________________________________________________10 eleven shall be the "amount eligible for amortization." The "amount________________________________________________________________________11 eligible for amortization" shall be amortized over a ten-year period at________________________________________________________________________12 a fixed rate of interest per annum to be determined by the comptroller________________________________________________________________________13 to be applied to the unpaid balance of the amounts eligible for amorti-________________________________________________________________________14 zation of all employers, which approximates a market rate of return on________________________________________________________________________15 taxable fixed rate securities with similar terms issued by comparable________________________________________________________________________16 issuers, with the first of ten equal payments payable during the fiscal________________________________________________________________________17 year ending March thirty-first, two thousand twelve.____________________________________________________18 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________19 ending March thirty-first, two thousand eleven, pay a lesser amount________________________________________________________________________20 during the fiscal year ending March thirty-first, two thousand eleven________________________________________________________________________21 which shall be determined by the comptroller equaling the following________________________________________________________________________22 amount,_______23 the entire bill for the fiscal year ending on March thirty-first, two______________________________________________________________________24 thousand eleven, calculated pursuant to section three hundred twenty-________________________________________________________________________25 three-a of this article (without reference to this section) less the________________________________________________________________________26 "amount eligible for amortization" determined pursuant to subdivision a________________________________________________________________________27 of this section.________________28 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________29 this section, the state shall pay during the fiscal year ending March________________________________________________________________________30 thirty-first, two thousand twelve an amount determined by the comp-________________________________________________________________________31 troller by adding the following two amounts together:_____________________________________________________32 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________33 first, two thousand twelve, calculated pursuant to section three hundred________________________________________________________________________34 twenty-three-a of this article (without reference to this section), less________________________________________________________________________35 the "amount eligible for amortization" determined pursuant to section________________________________________________________________________36 three hundred sixteen-f of this title, if applicable;_____________________________________________________37 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________38 zation" determined pursuant to subdivision a of this section._____________________________________________________________39 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________40 three hundred sixteen-c and three hundred sixteen-d of this title and________________________________________________________________________41 pursuant to this section shall be due and payable each subsequent fiscal________________________________________________________________________42 year during the applicable amortization period. The comptroller shall________________________________________________________________________43 have the authority to permit the pre-payment of the remaining balance of________________________________________________________________________44 the "amount eligible for amortization" determined pursuant to both such________________________________________________________________________45 sections subject to the following:__________________________________46 (1) on or before August first, two thousand ten in addition to advis-______________________________________________________________________47 ing with respect to the amount due for the current year billing and for________________________________________________________________________48 the payment of the amortized annual installments determined pursuant to________________________________________________________________________49 sections three hundred sixteen-c and three hundred sixteen-d of this________________________________________________________________________50 title and pursuant to this section, the comptroller shall advise the________________________________________________________________________51 state of the total amount due and be authorized to accept pre-payment in________________________________________________________________________52 full of said amount for the fiscal year ending March thirty-first, two________________________________________________________________________53 thousand eleven.________________54 (2) on or before each subsequent August first during the amortization______________________________________________________________________55 period, in addition to the amount due for the current year billing and________________________________________________________________________56 for the payment of the annual amortized installment, the comptroller________________________________________________________________________

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S. 6606 185 A. 9706

1 shall advise the state of the total amount still outstanding and be________________________________________________________________________2 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________3 for that fiscal year._____________________4 § 9. The retirement and social security law is amended by adding a new5 section 316-f to read as follows:6 § 316-f. Amortization of a portion of the state's contribution bills______________________________________________________________________7 for fiscal year ending March thirty-first, two thousand twelve. a. If________________________________________________________________________8 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________9 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________10 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________11 thousand ten as provided for in this chapter, the comptroller shall________________________________________________________________________12 determine the annual amount (exclusive of payments for group term life________________________________________________________________________13 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________14 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________15 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________16 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________17 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________18 first, two thousand twelve. The amount by which the contribution amount________________________________________________________________________19 with respect to fiscal year ending March thirty-first, two thousand________________________________________________________________________20 twelve exceeds eighteen and one-half percent of the estimated pensiona-________________________________________________________________________21 ble salary base for fiscal year ending March thirty-first, two thousand________________________________________________________________________22 twelve shall be the "amount eligible for amortization." The "amount________________________________________________________________________23 eligible for amortization" shall be amortized over a ten-year period at________________________________________________________________________24 a fixed rate of interest per annum to be determined by the comptroller________________________________________________________________________25 to be applied to the unpaid balance of the amounts eligible for amorti-________________________________________________________________________26 zation of all employers, which approximates a market rate of return on________________________________________________________________________27 taxable fixed rate securities with similar terms issued by comparable________________________________________________________________________28 issuers, with the first of ten equal payments payable during the fiscal________________________________________________________________________29 year ending March thirty-first, two thousand thirteen.______________________________________________________30 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________31 ending March thirty-first, two thousand twelve, pay a lesser amount________________________________________________________________________32 during the fiscal year ending March thirty-first, two thousand twelve________________________________________________________________________33 which shall be determined by the comptroller by adding the following two________________________________________________________________________34 amounts together:_________________35 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________36 two thousand twelve, calculated pursuant to section three hundred twen-________________________________________________________________________37 ty-three-a of this article (without reference to this section) less the________________________________________________________________________38 "amount eligible for amortization" determined pursuant to subdivision a________________________________________________________________________39 of this section; and____________________40 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________41 zation" determined pursuant to section three hundred sixteen-e of this________________________________________________________________________42 title, if applicable._____________________43 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________44 this section, the state shall pay during the fiscal year ending March________________________________________________________________________45 thirty-first, two thousand thirteen an amount determined by the comp-________________________________________________________________________46 troller by adding the following three amounts together:_______________________________________________________47 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________48 first, two thousand thirteen, calculated pursuant to section three________________________________________________________________________49 hundred twenty-three-a of this article (without reference to this________________________________________________________________________50 section), less the "amount eligible for amortization" determined pursu-________________________________________________________________________51 ant to section three hundred sixteen-g of this article, if applicable;______________________________________________________________________52 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________53 zation" determined pursuant to subdivision a of this section, and_________________________________________________________________54 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________55 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________56 sixteen-e of this article, if applicable._________________________________________

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S. 6606 186 A. 9706

1 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________2 three hundred sixteen-c, three hundred sixteen-d, and three hundred________________________________________________________________________3 sixteen-e of this title and pursuant to this section shall be due and________________________________________________________________________4 payable each subsequent fiscal year during the applicable amortization________________________________________________________________________5 period. The comptroller shall have the authority to permit the pre-pay-________________________________________________________________________6 ment of the remaining balance of the "amount eligible for amortization"________________________________________________________________________7 determined pursuant to both such sections subject to the following:___________________________________________________________________8 (1) on or before August first, two thousand eleven in addition to______________________________________________________________________9 advising with respect to the amount due for the current year billing and________________________________________________________________________10 for the payment of the amortized annual installments determined pursuant________________________________________________________________________11 to sections three hundred sixteen-c, three hundred sixteen-d, and three________________________________________________________________________12 hundred sixteen-e of this title and pursuant to this section, the comp-________________________________________________________________________13 troller shall advise the state of the total amount due and be authorized________________________________________________________________________14 to accept pre-payment in full of said amount for the fiscal year ending________________________________________________________________________15 March thirty-first, two thousand twelve.________________________________________16 (2) on or before each subsequent August first during the amortization______________________________________________________________________17 period, in addition to the amount due for the current year billing and________________________________________________________________________18 for the payment of the annual amortized installment, the comptroller________________________________________________________________________19 shall advise the state of the total amount still outstanding and be________________________________________________________________________20 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________21 for that fiscal year._____________________22 § 10. The retirement and social security law is amended by adding a23 new section 316-g to read as follows:24 § 316-g. Amortization of a portion of the state's contribution bills______________________________________________________________________25 for fiscal year ending March thirty-first, two thousand thirteen. a. If________________________________________________________________________26 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________27 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________28 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________29 thousand eleven as provided for in this chapter, the comptroller shall________________________________________________________________________30 determine the annual amount (exclusive of payments for group term life________________________________________________________________________31 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________32 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________33 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________34 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________35 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________36 first, two thousand thirteen. The amount by which the contribution________________________________________________________________________37 amount with respect to fiscal year ending March thirty-first, two thou-________________________________________________________________________38 sand thirteen exceeds nineteen and one-half percent of the estimated________________________________________________________________________39 pensionable salary base for fiscal year ending March thirty-first, two________________________________________________________________________40 thousand thirteen shall be the "amount eligible for amortization." The________________________________________________________________________41 "amount eligible for amortization" shall be amortized over a ten-year________________________________________________________________________42 period at a fixed rate of interest per annum to be determined by the________________________________________________________________________43 comptroller to be applied to the unpaid balance of the amounts eligible________________________________________________________________________44 for amortization of all employers, which approximates a market rate of________________________________________________________________________45 return on taxable fixed rate securities with similar terms issued by________________________________________________________________________46 comparable issuers, with the first of ten equal payments payable during________________________________________________________________________47 the fiscal year ending March thirty-first, two thousand fourteen._________________________________________________________________48 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________49 ending March thirty-first, two thousand thirteen, pay a lesser amount________________________________________________________________________50 during the fiscal year ending March thirty-first, two thousand thirteen________________________________________________________________________51 which shall be determined by the comptroller by adding the following________________________________________________________________________52 three amounts together:_______________________53 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________54 two thousand thirteen, calculated pursuant to section three hundred________________________________________________________________________55 twenty-three-a of this article (without reference to this section) less________________________________________________________________________

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S. 6606 187 A. 9706

1 the "amount eligible for amortization" determined pursuant to subdivi-________________________________________________________________________2 sion a of this section;_______________________3 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________4 zation" determined pursuant to section three hundred sixteen-f of this________________________________________________________________________5 title, if applicable; and_________________________6 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________7 zation" determined pursuant to section three hundred sixteen-e of this________________________________________________________________________8 title, if applicable._____________________9 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________10 this section, the state shall pay during the fiscal year ending March________________________________________________________________________11 thirty-first, two thousand fourteen an amount determined by the comp-________________________________________________________________________12 troller by adding the following four amounts together:______________________________________________________13 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________14 first, two thousand fourteen, calculated pursuant to section three________________________________________________________________________15 hundred twenty-three-a of this article (without reference to this________________________________________________________________________16 section) less the "amount eligible for amortization" determined pursuant________________________________________________________________________17 to section three hundred sixteen-h of this title, if applicable;________________________________________________________________18 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________19 zation" determined pursuant to subdivision a of this section;_____________________________________________________________20 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________21 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________22 sixteen-f of this article, if applicable; and_____________________________________________23 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________24 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________25 sixteen-e of this title, if applicable._______________________________________26 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________27 three hundred sixteen-c, three hundred sixteen-d, three hundred________________________________________________________________________28 sixteen-e, and three hundred sixteen-f of this title and pursuant to________________________________________________________________________29 this section shall be due and payable each subsequent fiscal year during________________________________________________________________________30 the applicable amortization period. The comptroller shall have the________________________________________________________________________31 authority to permit the pre-payment of the remaining balance of the________________________________________________________________________32 "amount eligible for amortization" determined pursuant to both such________________________________________________________________________33 sections subject to the following:__________________________________34 (1) on or before August first, two thousand twelve in addition to______________________________________________________________________35 advising with respect to the amount due for the current year billing and________________________________________________________________________36 for the payment of the amortized annual installments determined pursuant________________________________________________________________________37 to sections three hundred sixteen-c, three hundred sixteen-d, three________________________________________________________________________38 hundred sixteen-e, and three hundred sixteen-f of this title and pursu-________________________________________________________________________39 ant to this section, the comptroller shall advise the state of the total________________________________________________________________________40 amount due and be authorized to accept pre-payment in full of said________________________________________________________________________41 amount for the fiscal year ending March thirty-first, two thousand thir-________________________________________________________________________42 teen._____43 (2) on or before each subsequent August first during the amortization______________________________________________________________________44 period, in addition to the amount due for the current year billing and________________________________________________________________________45 for the payment of the annual amortized installment, the comptroller________________________________________________________________________46 shall advise the state of the total amount still outstanding and be________________________________________________________________________47 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________48 for that fiscal year._____________________49 § 11. The retirement and social security law is amended by adding a50 new section 316-h to read as follows:51 § 316-h. Amortization of a portion of the state's contribution bills______________________________________________________________________52 for fiscal year ending March thirty-first, two thousand fourteen. a. If________________________________________________________________________53 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________54 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________55 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________56 thousand twelve as provided for in this chapter, the comptroller shall________________________________________________________________________

AB

S. 6606 188 A. 9706

1 determine the annual amount (exclusive of payments for group term life________________________________________________________________________2 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________3 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________4 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________5 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________6 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________7 first, two thousand fourteen. The amount by which the contribution________________________________________________________________________8 amount with respect to fiscal year ending March thirty-first, two thou-________________________________________________________________________9 sand fourteen exceeds twenty and one-half percent of the estimated________________________________________________________________________10 pensionable salary base for fiscal year ending March thirty-first, two________________________________________________________________________11 thousand fourteen shall be the "amount eligible for amortization." The________________________________________________________________________12 "amount eligible for amortization" shall be amortized over a ten-year________________________________________________________________________13 period at a fixed rate of interest per annum to be determined by the________________________________________________________________________14 comptroller to be applied to the unpaid balance of the amounts eligible________________________________________________________________________15 for amortization of all employers, which approximates a market rate of________________________________________________________________________16 return on taxable fixed rate securities with similar terms issued by________________________________________________________________________17 comparable issuers, with the first of ten equal payments payable during________________________________________________________________________18 the fiscal year ending March thirty-first, two thousand fifteen.________________________________________________________________19 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________20 ending March thirty-first, two thousand fourteen, pay a lesser amount________________________________________________________________________21 during the fiscal year ending March thirty-first, two thousand fourteen________________________________________________________________________22 which shall be determined by the comptroller by adding the following________________________________________________________________________23 four amounts together:______________________24 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________25 two thousand fourteen, calculated pursuant to section three hundred________________________________________________________________________26 twenty-three-a of this article (without reference to this section) less________________________________________________________________________27 the "amount eligible for amortization" determined pursuant to subdivi-________________________________________________________________________28 sion a of this section;_______________________29 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________30 zation" determined pursuant to section three hundred sixteen-g of this________________________________________________________________________31 title, if applicable; and_________________________32 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________33 zation" determined pursuant to section three hundred sixteen-f of this________________________________________________________________________34 title, if applicable; and_________________________35 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________36 zation" determined pursuant to section three hundred sixteen-e of this________________________________________________________________________37 title, if applicable._____________________38 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________39 this section, the state shall pay during the fiscal year ending March________________________________________________________________________40 thirty-first, two thousand fifteen an amount determined by the comp-________________________________________________________________________41 troller by adding the following five amounts together:______________________________________________________42 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________43 first, two thousand fifteen, calculated pursuant to section three________________________________________________________________________44 hundred twenty-three-a of this article (without reference to this________________________________________________________________________45 section), less the "amount eligible for amortization" determined pursu-________________________________________________________________________46 ant to section three hundred sixteen-i of this title, if applicable;____________________________________________________________________47 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________48 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________49 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________50 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________51 sixteen-g of this title, if applicable; and___________________________________________52 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________53 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________54 sixteen-f of this title, if applicable; and___________________________________________

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1 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________3 sixteen-e of this title, if applicable._______________________________________4 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________5 three hundred sixteen-c, three hundred sixteen-d, three hundred________________________________________________________________________6 sixteen-e, three hundred sixteen-f, and three hundred sixteen-g of this________________________________________________________________________7 title and pursuant to this section shall be due and payable each subse-________________________________________________________________________8 quent fiscal year during the applicable amortization period. The comp-________________________________________________________________________9 troller shall have the authority to permit the pre-payment of the________________________________________________________________________10 remaining balance of the "amount eligible for amortization" determined________________________________________________________________________11 pursuant to both such section subject to the following:_______________________________________________________12 (1) on or before August first, two thousand thirteen in addition to______________________________________________________________________13 advising with respect to the amount due for the current year billing and________________________________________________________________________14 for the payment of the amortized annual installments determined pursuant________________________________________________________________________15 to sections three hundred sixteen-c, three hundred sixteen-d, three________________________________________________________________________16 hundred sixteen-e, three hundred sixteen-f, and three hundred sixteen-g________________________________________________________________________17 of this title and pursuant to this section, the comptroller shall advise________________________________________________________________________18 the state of the total amount due and be authorized to accept pre-pay-________________________________________________________________________19 ment in full of said amount for the fiscal year ending March thirty-________________________________________________________________________20 first, two thousand fourteen._____________________________21 (2) on or before each subsequent August first during the amortization______________________________________________________________________22 period, in addition to the amount due for the current year billing and________________________________________________________________________23 for the payment of the annual amortized installment, the comptroller________________________________________________________________________24 shall advise the state of the total amount still outstanding and be________________________________________________________________________25 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________26 for that fiscal year._____________________27 § 12. The retirement and social security law is amended by adding a28 new section 316-i to read as follows:29 § 316-i. Amortization of a portion of the state's contribution bills______________________________________________________________________30 for fiscal year ending March thirty-first, two thousand fifteen. a. If________________________________________________________________________31 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________32 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________33 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________34 thousand thirteen as provided for in this chapter, the comptroller shall________________________________________________________________________35 determine the annual amount (exclusive of payments for group term life________________________________________________________________________36 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________37 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________38 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________39 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________40 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________41 first, two thousand fifteen. The amount by which the contribution amount________________________________________________________________________42 with respect to fiscal year ending March thirty-first, two thousand________________________________________________________________________43 fifteen exceeds twenty one and one-half percent of the estimated________________________________________________________________________44 pensionable salary base for fiscal year ending March thirty-first, two________________________________________________________________________45 thousand fifteen shall be the "amount eligible for amortization." The________________________________________________________________________46 "amount eligible for amortization" shall be amortized over a ten-year________________________________________________________________________47 period at a fixed rate of interest per annum to be determined by the________________________________________________________________________48 comptroller to be applied to the unpaid balance of the amounts eligible________________________________________________________________________49 for amortization of all employers, which approximates a market rate of________________________________________________________________________50 return on taxable fixed rate securities with similar terms issued by________________________________________________________________________51 comparable issuers, with the first of ten equal payments payable during________________________________________________________________________52 the fiscal year ending March thirty-first, two thousand sixteen.________________________________________________________________53 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________54 ending March thirty-first, two thousand fifteen, pay a lesser amount________________________________________________________________________55 during the fiscal year ending March thirty-first, two thousand fifteen________________________________________________________________________

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1 which shall be determined by the comptroller by adding the following________________________________________________________________________2 five amounts together:______________________3 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________4 two thousand fifteen, calculated pursuant to section three hundred twen-________________________________________________________________________5 ty-three-a of this article (without reference to this section) less the________________________________________________________________________6 "amount eligible for amortization" determined pursuant to subdivision a________________________________________________________________________7 of this section;________________8 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________9 zation" determined pursuant to section three hundred sixteen-h of this________________________________________________________________________10 title, if applicable; and_________________________11 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________12 zation" determined pursuant to section three hundred sixteen-g of this________________________________________________________________________13 title, if applicable; and_________________________14 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________15 zation" determined pursuant to section three hundred sixteen-f of this________________________________________________________________________16 title, if applicable; and_________________________17 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to section three hundred sixteen-e of this________________________________________________________________________19 title, if applicable._____________________20 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________21 this section, the state shall pay during the fiscal year ending March________________________________________________________________________22 thirty-first, two thousand sixteen an amount determined by the comp-________________________________________________________________________23 troller by adding the following six amounts together:_____________________________________________________24 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________25 first, two thousand sixteen, calculated pursuant to section three________________________________________________________________________26 hundred twenty-three-a of this article (without reference to this________________________________________________________________________27 section), less the "amount eligible for amortization" determined pursu-________________________________________________________________________28 ant to section three hundred sixteen-j of this title, if applicable; and________________________________________________________________________29 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________30 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________31 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________32 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________33 sixteen-h of this title, if applicable; and___________________________________________34 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________35 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________36 sixteen-g of this article, if applicable; and_____________________________________________37 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________38 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________39 sixteen-f of this title, if applicable; and___________________________________________40 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________41 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________42 sixteen-e of this title, if applicable._______________________________________43 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________44 three hundred sixteen-c, three hundred sixteen-d, three hundred________________________________________________________________________45 sixteen-e, three hundred sixteen-f, three hundred sixteen-g, and three________________________________________________________________________46 hundred sixteen-h of this title and pursuant to this section shall be________________________________________________________________________47 due and payable each subsequent fiscal year during the applicable amor-________________________________________________________________________48 tization period. The comptroller shall have the authority to permit the________________________________________________________________________49 pre-payment of the remaining balance of the "amount eligible for amorti-________________________________________________________________________50 zation" determined pursuant to both such section subject to the follow-________________________________________________________________________51 ing:____52 (1) on or before August first, two thousand fourteen in addition to______________________________________________________________________53 advising with respect to the amount due for the current year billing and________________________________________________________________________54 for the payment of the amortized annual installments determined pursuant________________________________________________________________________55 to sections three hundred sixteen-c, three hundred sixteen-d, three________________________________________________________________________56 hundred sixteen-e, three hundred sixteen-f, three hundred sixteen-g, and________________________________________________________________________

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1 three hundred sixteen-h of this title and pursuant to this section, the________________________________________________________________________2 comptroller shall advise the state of the total amount due and be________________________________________________________________________3 authorized to accept pre-payment in full of said amount for the fiscal________________________________________________________________________4 year ending March thirty-first, two thousand fifteen._____________________________________________________5 (2) on or before each subsequent August first during the amortization______________________________________________________________________6 period, in addition to the amount due for the current year billing and________________________________________________________________________7 for the payment of the annual amortized installment, the comptroller________________________________________________________________________8 shall advise the state of the total amount still outstanding and be________________________________________________________________________9 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________10 for that fiscal year._____________________11 § 13. The retirement and social security law is amended by adding a12 new section 316-j to read as follows:13 § 316-j. Amortization of a portion of the state's contribution bills______________________________________________________________________14 for fiscal year ending March thirty-first, two thousand sixteen. a. If________________________________________________________________________15 the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________16 zation of employer contributions pursuant to this section, then, on the________________________________________________________________________17 basis of the annual actuarial valuation made as of April first, two________________________________________________________________________18 thousand fourteen as provided for in this chapter, the comptroller shall________________________________________________________________________19 determine the annual amount (exclusive of payments for group term life________________________________________________________________________20 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________21 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________22 or any other obligations that the state is permitted to pay on an amor-________________________________________________________________________23 tized basis) required to be paid pursuant to section three hundred twen-________________________________________________________________________24 ty-three-a of this article for the fiscal year ending March thirty-________________________________________________________________________25 first, two thousand sixteen. The amount by which the contribution amount________________________________________________________________________26 with respect to fiscal year ending March thirty-first, two thousand________________________________________________________________________27 sixteen exceeds twenty-two and one-half percent of the estimated________________________________________________________________________28 pensionable salary base for fiscal year ending March thirty-first, two________________________________________________________________________29 thousand sixteen shall be the "amount eligible for amortization." The________________________________________________________________________30 "amount eligible for amortization" shall be amortized over a ten-year________________________________________________________________________31 period at a fixed rate of interest per annum to be determined by the________________________________________________________________________32 comptroller to be applied to the unpaid balance of the amounts eligible________________________________________________________________________33 for amortization of all employers, which approximates a market rate of________________________________________________________________________34 return on taxable fixed rate securities with similar terms issued by________________________________________________________________________35 comparable issuers, with the first of ten equal payments payable during________________________________________________________________________36 the fiscal year ending March thirty-first, two thousand seventeen.__________________________________________________________________37 b. The state may, in lieu of paying its bill for the fiscal year______________________________________________________________________38 ending March thirty-first, two thousand sixteen, pay a lesser amount________________________________________________________________________39 during the fiscal year ending March thirty-first, two thousand sixteen________________________________________________________________________40 which shall be determined by the comptroller by adding the following six________________________________________________________________________41 amounts together:_________________42 (1) the entire bill for the fiscal year ending on March thirty-first,______________________________________________________________________43 two thousand sixteen, calculated pursuant to section three hundred twen-________________________________________________________________________44 ty-three-a of this article (without reference to this section) less the________________________________________________________________________45 "amount eligible for amortization" determined pursuant to subdivision a________________________________________________________________________46 of this section;________________47 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________48 zation" determined pursuant to section three hundred sixteen-i of this________________________________________________________________________49 title, if applicable; and_________________________50 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________51 zation" determined pursuant to section three hundred sixteen-h of this________________________________________________________________________52 title, if applicable; and_________________________53 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________54 zation" determined pursuant to section three hundred sixteen-g of this________________________________________________________________________55 title, if applicable; and_________________________

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1 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to section three hundred sixteen-f of this________________________________________________________________________3 title, if applicable; and_________________________4 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to section three hundred sixteen-e of this________________________________________________________________________6 title, if applicable._____________________7 c. If the state makes the payment provided for in subdivision b of______________________________________________________________________8 this section, the state shall pay during the fiscal year ending March________________________________________________________________________9 thirty-first, two thousand seventeen an amount determined by the comp-________________________________________________________________________10 troller by adding the following seven amounts together:_______________________________________________________11 (1) the state's entire bill for the fiscal year ending March thirty-______________________________________________________________________12 first, two thousand seventeen, calculated pursuant to section three________________________________________________________________________13 hundred twenty-three-a of this article (without reference to this________________________________________________________________________14 section);_________15 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________16 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________17 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________19 sixteen-i of this title, if applicable; and___________________________________________20 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________21 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________22 sixteen-h of this title, if applicable; and___________________________________________23 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________24 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________25 sixteen-g of this title, if applicable; and___________________________________________26 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________27 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________28 sixteen-f of this title, if applicable; and___________________________________________29 (7) the sixth annual installment of the "amount eligible for amorti-______________________________________________________________________30 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________31 sixteen-e of this title, if applicable._______________________________________32 d. The remaining amortized payments determined pursuant to sections______________________________________________________________________33 three hundred sixteen-c, three hundred sixteen-d, three hundred________________________________________________________________________34 sixteen-e, three hundred sixteen-f, three hundred sixteen-g, three________________________________________________________________________35 hundred sixteen-h, and three hundred sixteen-i of this title and pursu-________________________________________________________________________36 ant to this section shall be due and payable each subsequent fiscal year________________________________________________________________________37 during the applicable amortization period. The comptroller shall have________________________________________________________________________38 the authority to permit the pre-payment of the remaining balance of the________________________________________________________________________39 "amount eligible for amortization" determined pursuant to both such________________________________________________________________________40 sections subject to the following:__________________________________41 (1) on or before August first, two thousand fifteen in addition to______________________________________________________________________42 advising with respect to the amount due for the current year billing and________________________________________________________________________43 for the payment of the amortized annual installments determined pursuant________________________________________________________________________44 to sections three hundred sixteen-c, three hundred sixteen-d, three________________________________________________________________________45 hundred sixteen-e, three hundred sixteen-f, three hundred sixteen-g,________________________________________________________________________46 three hundred sixteen-h, and three hundred sixteen-i of this title and________________________________________________________________________47 pursuant to this section, the comptroller shall advise the state of the________________________________________________________________________48 total amount due and be authorized to accept pre-payment in full of said________________________________________________________________________49 amount for the fiscal year ending March thirty-first, two thousand________________________________________________________________________50 sixteen.________51 (2) on or before each subsequent August first during the amortization______________________________________________________________________52 period, in addition to the amount due for the current year billing and________________________________________________________________________53 for the payment of the annual amortized installment, the comptroller________________________________________________________________________54 shall advise the state of the total amount still outstanding and be________________________________________________________________________55 authorized to accept the pre-payment of any balance remaining to be paid________________________________________________________________________56 for that fiscal year._____________________

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1 § 14. The retirement and social security law is amended by adding a2 new section 17-e to read as follows:3 § 17-e. Amortization of a portion of the bills for participating______________________________________________________________________4 employers for the two thousand ten -- two thousand eleven fiscal year.________________________________________________________________________5 a. If the comptroller, in his or her discretion, decides to permit amor-________________________________________________________________________6 tization of employer contributions pursuant to this section, then, on or________________________________________________________________________7 about October fifteenth, two thousand nine, on the basis of the annual________________________________________________________________________8 actuarial valuation provided for in this chapter, the comptroller shall________________________________________________________________________9 determine the amount (exclusive of payments for group term life insur-________________________________________________________________________10 ance, deficiency payments, adjustments relating to prior fiscal years'________________________________________________________________________11 obligations and obligations pertaining to retirement incentives or any________________________________________________________________________12 other obligations that a participating employer is permitted to pay on________________________________________________________________________13 an amortized basis) of the annual contribution for a participating________________________________________________________________________14 employer pursuant to section twenty-three-a of this article due for the________________________________________________________________________15 fiscal year ending March thirty-first, two thousand eleven. The amount________________________________________________________________________16 by which such contribution exceeds nine and one-half percent of the________________________________________________________________________17 estimated pensionable salary base for the fiscal year ending March thir-________________________________________________________________________18 ty-first, two thousand eleven shall be the "amount eligible for amorti-________________________________________________________________________19 zation". An amount up to the "amount eligible for amortization" may be________________________________________________________________________20 amortized over a ten-year period at a fixed rate of interest per annum________________________________________________________________________21 to be determined by the comptroller to be applied to the unpaid balance________________________________________________________________________22 of the amounts eligible for amortization of all employers, which approx-________________________________________________________________________23 imates a market rate of return on taxable fixed rate securities with________________________________________________________________________24 similar terms issued by comparable issuers, with the first of ten equal________________________________________________________________________25 payments payable on February first, two thousand twelve.________________________________________________________26 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________27 ary first, two thousand eleven bill, pay a lesser amount on February________________________________________________________________________28 first, two thousand eleven which shall be determined by the comptroller________________________________________________________________________29 equaling the following amounts,_______________________________30 the entire February first, two thousand eleven bill, calculated pursu-______________________________________________________________________31 ant to section twenty-three-a of this article (without reference to this________________________________________________________________________32 section) less the "amount eligible for amortization" determined pursuant________________________________________________________________________33 to subdivision a of this section;_________________________________34 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________35 of this section shall pay on February first, two thousand twelve an________________________________________________________________________36 amount determined by the comptroller by adding the following two amounts________________________________________________________________________37 together;_________38 (1) the entire February first, two thousand twelve bill, calculated______________________________________________________________________39 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________40 this section), less the "amount eligible for amortization" determined________________________________________________________________________41 pursuant to subdivision a of section seventeen-f of this article; and_____________________________________________________________________42 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________43 zation" determined pursuant to subdivision a of this section._____________________________________________________________44 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________45 seventeen-c, and seventeen-d of this title and pursuant to this section________________________________________________________________________46 shall be due and payable on February first of each year during the________________________________________________________________________47 applicable amortization period. The comptroller shall have the authority________________________________________________________________________48 to permit the pre-payment of the remaining balance of the "amount eligi-________________________________________________________________________49 ble for amortization" determined pursuant to all such sections subject________________________________________________________________________50 to the following:_________________51 (1) on or before November fifteenth, two thousand eleven in addition______________________________________________________________________52 to the amount due for the current year billing and for the payment of________________________________________________________________________53 the amortized annual installment determined pursuant to section seven-________________________________________________________________________54 teen-b, seventeen-c, and seventeen-d of this title and pursuant to this________________________________________________________________________55 section, the comptroller shall advise the participating employer of the________________________________________________________________________

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1 total amount due and be authorized to accept pre-payment in full of said________________________________________________________________________2 amount by February first, two thousand twelve.______________________________________________3 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________4 the amount due for the current year billing and for the payment of the________________________________________________________________________5 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________6 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________7 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________8 ary first of the succeeding year._________________________________9 § 15. The retirement and social security law is amended by adding a10 new section 17-f to read as follows:11 § 17-f. Amortization of a portion of the bills for participating______________________________________________________________________12 employers for the two thousand eleven--two thousand twelve fiscal year.________________________________________________________________________13 a. If the comptroller, in his or her discretion, decides to permit amor-________________________________________________________________________14 tization of employer contributions pursuant to this section, then, on or________________________________________________________________________15 about October fifteenth, two thousand ten, on the basis of the annual________________________________________________________________________16 actuarial valuation provided for in this chapter, the comptroller shall________________________________________________________________________17 determine the amount (exclusive of payments for group term life insur-________________________________________________________________________18 ance, deficiency payments, adjustments relating to prior fiscal years'________________________________________________________________________19 obligations and obligations pertaining to retirement incentives or any________________________________________________________________________20 other obligations that a participating employer is permitted to pay on________________________________________________________________________21 an amortized basis) of the annual contribution for a participating________________________________________________________________________22 employer pursuant to section twenty-three-a of this article due for the________________________________________________________________________23 fiscal year ending March thirty-first, two thousand twelve. The amount________________________________________________________________________24 by which such contribution exceeds ten and one-half percent of the esti-________________________________________________________________________25 mated pensionable salary base for the fiscal year ending March thirty-________________________________________________________________________26 first, two thousand twelve shall be the "amount eligible for amorti-________________________________________________________________________27 zation". An amount up to the "amount eligible for amortization" may be________________________________________________________________________28 amortized over a ten-year period at a fixed rate of interest per annum________________________________________________________________________29 to be determined by the comptroller to be applied to the unpaid balance________________________________________________________________________30 of the amounts eligible for amortization of all employers, which approx-________________________________________________________________________31 imates a market rate of return on taxable fixed rate securities with________________________________________________________________________32 similar terms issued by comparable issuers, with the first of ten equal________________________________________________________________________33 payments payable on February first, two thousand thirteen.__________________________________________________________34 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________35 ary first, two thousand twelve bill, pay a lesser amount on February________________________________________________________________________36 first, two thousand twelve which shall be determined by the comptroller________________________________________________________________________37 by adding the following two amounts together:_____________________________________________38 (1) the entire February first, two thousand twelve bill, calculated______________________________________________________________________39 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________40 this section) less the "amount eligible for amortization" determined________________________________________________________________________41 pursuant to subdivision a of this section; and______________________________________________42 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________43 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________44 this article, if applicable.____________________________45 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________46 of this section shall pay on February first, two thousand thirteen an________________________________________________________________________47 amount determined by the comptroller by adding the following three________________________________________________________________________48 amounts together:_________________49 (1) the entire February first, two thousand thirteen bill, calculated______________________________________________________________________50 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________51 this section), less the "amount eligible for amortization" determined________________________________________________________________________52 pursuant to subdivision a of section seventeen-g of this title; and___________________________________________________________________53 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________54 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________

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1 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________3 this title, if applicable.__________________________4 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________5 seventeen-c, seventeen-d, and seventeen-e of this title, and pursuant to________________________________________________________________________6 this section shall be due and payable on February first of each year________________________________________________________________________7 during the applicable amortization period. The comptroller shall have________________________________________________________________________8 the authority to permit the pre-payment of the remaining balance of the________________________________________________________________________9 "amount eligible for amortization" determined pursuant to all such________________________________________________________________________10 sections subject to the following:__________________________________11 (1) on or before November fifteenth, two thousand twelve in addition______________________________________________________________________12 to the amount due for the current year billing and for the payment of________________________________________________________________________13 the amortized annual installment determined pursuant to sections seven-________________________________________________________________________14 teen-b, seventeen-c, seventeen-d, and seventeen-e of this title and________________________________________________________________________15 pursuant to this section, the comptroller shall advise the participating________________________________________________________________________16 employer of the total amount due and be authorized to accept pre-payment________________________________________________________________________17 in full of said amount by February first, two thousand thirteen.________________________________________________________________18 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________19 the amount due for the current year billing and for the payment of the________________________________________________________________________20 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________21 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________22 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________23 ary first of the succeeding year._________________________________24 § 16. The retirement and social security law is amended by adding a25 new section 17-g to read as follows:26 § 17-g. Amortization of a portion of the bills for participating______________________________________________________________________27 employers for the two thousand twelve--two thousand thirteen fiscal________________________________________________________________________28 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________29 amortization of employer contributions pursuant to this section, then,________________________________________________________________________30 on or about October fifteenth, two thousand eleven, on the basis of the________________________________________________________________________31 annual actuarial valuation provided for in this chapter, the comptroller________________________________________________________________________32 shall determine the amount (exclusive of payments for group term life________________________________________________________________________33 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________34 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________35 or any other obligations that a participating employer is permitted to________________________________________________________________________36 pay on an amortized basis) of the annual contribution for a participat-________________________________________________________________________37 ing employer pursuant to section twenty-three-a of this article due for________________________________________________________________________38 the fiscal year ending March thirty-first, two thousand thirteen. The________________________________________________________________________39 amount by which such contribution exceeds eleven and one-half percent of________________________________________________________________________40 the estimated pensionable salary base for the fiscal year ending March________________________________________________________________________41 thirty-first, two thousand thirteen shall be the "amount eligible for________________________________________________________________________42 amortization". An amount up to the "amount eligible for amortization"________________________________________________________________________43 may be amortized over a ten-year period at a fixed rate of interest per________________________________________________________________________44 annum to be determined by the comptroller to be applied to the unpaid________________________________________________________________________45 balance of the amounts eligible for amortization of all employers, which________________________________________________________________________46 approximates a market rate of return on taxable fixed rate securities________________________________________________________________________47 with similar terms issued by comparable issuers, with the first of ten________________________________________________________________________48 equal payments payable on February first, two thousand fourteen.________________________________________________________________49 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________50 ary first, two thousand thirteen bill, pay a lesser amount on February________________________________________________________________________51 first, two thousand thirteen which shall be determined by the comp-________________________________________________________________________52 troller by adding the following three amounts together:_______________________________________________________53 (1) the entire February first, two thousand thirteen bill, calculated______________________________________________________________________54 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________55 this section) less the "amount eligible for amortization" determined________________________________________________________________________56 pursuant to subdivision a of this section; and______________________________________________

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S. 6606 196 A. 9706

1 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________3 this title, if applicable; and______________________________4 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________6 this title, if applicable.__________________________7 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________8 of this section shall pay on February first, two thousand fourteen an________________________________________________________________________9 amount determined by the comptroller by adding the following four________________________________________________________________________10 amounts together:_________________11 (1) the entire February first, two thousand fourteen bill, calculated______________________________________________________________________12 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________13 this section) less the "amount eligible for amortization" determined________________________________________________________________________14 pursuant to section seventeen-h of this title, if applicable; and_________________________________________________________________15 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________16 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________17 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________19 this title, if applicable_________________________20 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________21 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________22 this title, if applicable.__________________________23 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________24 seventeen-c, seventeen-d, seventeen-e, and seventeen-f of this title and________________________________________________________________________25 pursuant to this section shall be due and payable on February first of________________________________________________________________________26 each year during the applicable amortization period. The comptroller________________________________________________________________________27 shall have the authority to permit the pre-payment of the remaining________________________________________________________________________28 balance of the "amount eligible for amortization" determined pursuant to________________________________________________________________________29 all such sections subject to the following:___________________________________________30 (1) on or before November fifteenth, two thousand thirteen in addition______________________________________________________________________31 to the amount due for the current year billing and for the payment of________________________________________________________________________32 the amortized annual installment determined pursuant to sections seven-________________________________________________________________________33 teen-b, seventeen-c, seventeen-d, seventeen-e, and seventeen-f of this________________________________________________________________________34 title and pursuant to this section, the comptroller shall advise the________________________________________________________________________35 participating employer of the total amount due and be authorized to________________________________________________________________________36 accept pre-payment in full of said amount by February first, two thou-________________________________________________________________________37 sand fourteen.______________38 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________39 the amount due for the current year billing and for the payment of the________________________________________________________________________40 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________41 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________42 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________43 ary first of the succeeding year._________________________________44 § 17. The retirement and social security law is amended by adding a45 new section 17-h to read as follows:46 § 17-h. Amortization of a portion of the bills for participating______________________________________________________________________47 employers for the two thousand thirteen--two thousand fourteen fiscal________________________________________________________________________48 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________49 amortization of employer contributions pursuant to this section, then,________________________________________________________________________50 on or about October fifteenth, two thousand twelve, on the basis of the________________________________________________________________________51 annual actuarial valuation provided for in this chapter, the comptroller________________________________________________________________________52 shall determine the amount (exclusive of payments for group term life________________________________________________________________________53 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________54 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________55 or any other obligations that a participating employer is permitted to________________________________________________________________________56 pay on an amortized basis) of the annual contribution for a participat-________________________________________________________________________

AB

S. 6606 197 A. 9706

1 ing employer pursuant to section twenty-three-a of this article due for________________________________________________________________________2 the fiscal year ending March thirty-first, two thousand fourteen. The________________________________________________________________________3 amount by which such contribution exceeds twelve and one-half percent of________________________________________________________________________4 the estimated pensionable salary base for the fiscal year ending March________________________________________________________________________5 thirty-first, two thousand fourteen shall be the "amount eligible for________________________________________________________________________6 amortization". An amount up to the "amount eligible for amortization"________________________________________________________________________7 may be amortized over a ten-year period at a fixed rate of interest per________________________________________________________________________8 annum to be determined by the comptroller to be applied to the unpaid________________________________________________________________________9 balance of the amounts eligible for amortization of all employers, which________________________________________________________________________10 approximates a market rate of return on taxable fixed rate securities________________________________________________________________________11 with similar terms issued by comparable issuers, with the first of ten________________________________________________________________________12 equal payments payable on February first, two thousand fifteen._______________________________________________________________13 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________14 ary first, two thousand fourteen bill, pay a lesser amount on February________________________________________________________________________15 first, two thousand fourteen which shall be determined by the comp-________________________________________________________________________16 troller by adding the following four amounts together:______________________________________________________17 (1) the entire February first, two thousand fourteen bill, calculated______________________________________________________________________18 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________19 this section) less the "amount eligible for amortization" determined________________________________________________________________________20 pursuant to subdivision a of this section; and______________________________________________21 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________22 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________23 this title, if applicable; and______________________________24 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________25 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________26 this title, if applicable; and______________________________27 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________28 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________29 this title, if applicable.__________________________30 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________31 of this section shall pay on February first, two thousand fifteen an________________________________________________________________________32 amount determined by the comptroller by adding the following five________________________________________________________________________33 amounts together:_________________34 (1) the entire February first, two thousand fifteen bill, calculated______________________________________________________________________35 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________36 this section) less the "amount eligible for amortization" determined________________________________________________________________________37 pursuant to section seventeen-i of this title, if applicable; and_________________________________________________________________38 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________39 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________40 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________41 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________42 this title, if applicable; and______________________________43 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________44 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________45 this title, if applicable; and______________________________46 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________47 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________48 this title, if applicable.__________________________49 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________50 seventeen-c, seventeen-d, seventeen-e, seventeen-f and seventeen-g of________________________________________________________________________51 this title and pursuant to this section shall be due and payable on________________________________________________________________________52 February first of each year during the applicable amortization period.________________________________________________________________________53 The comptroller shall have the authority to permit the pre-payment of________________________________________________________________________54 the remaining balance of the "amount eligible for amortization" deter-________________________________________________________________________55 mined pursuant to all such sections subject to the following:_____________________________________________________________

AB

S. 6606 198 A. 9706

1 (1) on or before November fifteenth, two thousand fourteen in addition______________________________________________________________________2 to the amount due for the current year billing and for the payment of________________________________________________________________________3 the amortized annual installment determined pursuant to sections seven-________________________________________________________________________4 teen-b, seventeen-c, seventeen-d, seventeen-e, seventeen-f and seven-________________________________________________________________________5 teen-g of this title and pursuant to this section, the comptroller shall________________________________________________________________________6 advise the participating employer of the total amount due and be author-________________________________________________________________________7 ized to accept pre-payment in full of said amount by February first, two________________________________________________________________________8 thousand fifteen._________________9 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________10 the amount due for the current year billing and for the payment of the________________________________________________________________________11 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________12 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________13 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________14 ary first of the succeeding year._________________________________15 § 18. The retirement and social security law is amended by adding a16 new section 17-i to read as follows:17 § 17-i. Amortization of a portion of the bills for participating______________________________________________________________________18 employers for the two thousand fourteen--two thousand fifteen fiscal________________________________________________________________________19 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________20 amortization of employer contributions pursuant to this section, then,________________________________________________________________________21 on or about October fifteenth, two thousand thirteen, on the basis of________________________________________________________________________22 the annual actuarial valuation provided for in this chapter, the comp-________________________________________________________________________23 troller shall determine the amount (exclusive of payments for group term________________________________________________________________________24 life insurance, deficiency payments, adjustments relating to prior________________________________________________________________________25 fiscal years' obligations and obligations pertaining to retirement________________________________________________________________________26 incentives or any other obligations that a participating employer is________________________________________________________________________27 permitted to pay on an amortized basis) of the annual contribution for a________________________________________________________________________28 participating employer pursuant to section twenty-three-a of this arti-________________________________________________________________________29 cle due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________30 fifteen. The amount by which such contribution exceeds thirteen and________________________________________________________________________31 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________32 year ending March thirty-first, two thousand fifteen shall be the________________________________________________________________________33 "amount eligible for amortization". An amount up to the "amount eligible________________________________________________________________________34 for amortization" may be amortized over a ten-year period at a fixed________________________________________________________________________35 rate of interest per annum to be determined by the comptroller to be________________________________________________________________________36 applied to the unpaid balance of the amounts eligible for amortization________________________________________________________________________37 of all employers, which approximates a market rate of return on taxable________________________________________________________________________38 fixed rate securities with similar terms issued by comparable issuers,________________________________________________________________________39 with the first of ten equal payments payable on February first, two________________________________________________________________________40 thousand sixteen._________________41 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________42 ary first, two thousand fifteen bill, pay a lesser amount on February________________________________________________________________________43 first, two thousand fifteen which shall be determined by the comptroller________________________________________________________________________44 by adding the following five amounts together:______________________________________________45 (1) the entire February first, two thousand fifteen bill, calculated______________________________________________________________________46 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________47 this section) less the "amount eligible for amortization" determined________________________________________________________________________48 pursuant to subdivision a of this section; and______________________________________________49 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________50 zation" determined pursuant to subdivision a of section seventeen-h of________________________________________________________________________51 this title, if applicable; and______________________________52 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________53 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________54 this title, if applicable; and______________________________

AB

S. 6606 199 A. 9706

1 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________3 this title, if applicable; and______________________________4 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________6 this title, if applicable.__________________________7 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________8 of this section shall pay on February first, two thousand sixteen an________________________________________________________________________9 amount determined by the comptroller by adding the following six amounts________________________________________________________________________10 together:_________11 (1) the entire February first, two thousand sixteen bill, calculated______________________________________________________________________12 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________13 this section) less the "amount eligible for amortization" determined________________________________________________________________________14 pursuant to section seventeen-j of this title, if applicable; and_________________________________________________________________15 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________16 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________17 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to subdivision a of section seventeen-h of________________________________________________________________________19 this title, if applicable; and______________________________20 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________21 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________22 this title, if applicable; and______________________________23 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________24 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________25 this title, if applicable; and______________________________26 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________27 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________28 this title, if applicable.__________________________29 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________30 seventeen-c, seventeen-d, seventeen-e, seventeen-f, seventeen-g and________________________________________________________________________31 seventeen-h of this title and pursuant to this section shall be due and________________________________________________________________________32 payable on February first of each year during the applicable amorti-________________________________________________________________________33 zation period. The comptroller shall have the authority to permit the________________________________________________________________________34 pre-payment of the remaining balance of the "amount eligible for amorti-________________________________________________________________________35 zation" determined pursuant to all such sections subject to the follow-________________________________________________________________________36 ing:____37 (1) on or before November fifteenth, two thousand fifteen in addition______________________________________________________________________38 to the amount due for the current year billing and for the payment of________________________________________________________________________39 the amortized annual installment determined pursuant to sections seven-________________________________________________________________________40 teen-b, seventeen-c, seventeen-d, seventeen-e, seventeen-f, seventeen-g________________________________________________________________________41 and seventeen-h of this title and pursuant to this section, the comp-________________________________________________________________________42 troller shall advise the participating employer of the total amount due________________________________________________________________________43 and be authorized to accept pre-payment in full of said amount by Febru-________________________________________________________________________44 ary first, two thousand sixteen.________________________________45 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________46 the amount due for the current year billing and for the payment of the________________________________________________________________________47 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________48 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________49 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________50 ary first of the succeeding year._________________________________51 § 19. The retirement and social security law is amended by adding a52 new section 17-j to read as follows:53 § 17-j. Amortization of a portion of the bills for participating______________________________________________________________________54 employers for the two thousand fifteen--two thousand sixteen fiscal________________________________________________________________________55 year. a. If the comptroller, in his or her discretion, decides to________________________________________________________________________56 permit amortization of employer contributions pursuant to this section,________________________________________________________________________

AB

S. 6606 200 A. 9706

1 then, on or about October fifteenth, two thousand fourteen, on the basis________________________________________________________________________2 of the annual actuarial valuation provided for in this chapter, the________________________________________________________________________3 comptroller shall determine the amount (exclusive of payments for group________________________________________________________________________4 term life insurance, deficiency payments, adjustments relating to prior________________________________________________________________________5 fiscal years' obligations and obligations pertaining to retirement________________________________________________________________________6 incentives or any other obligations that a participating employer is________________________________________________________________________7 permitted to pay on an amortized basis) of the annual contribution for a________________________________________________________________________8 participating employer pursuant to section twenty-three-a of this arti-________________________________________________________________________9 cle due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________10 sixteen. The amount by which such contribution exceeds fourteen and________________________________________________________________________11 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________12 year ending March thirty-first, two thousand sixteen shall be the________________________________________________________________________13 "amount eligible for amortization". An amount up to the "amount eligible________________________________________________________________________14 for amortization" may be amortized over a ten-year period at a fixed________________________________________________________________________15 rate of interest per annum to be determined by the comptroller to be________________________________________________________________________16 applied to the unpaid balance of the amounts eligible for amortization________________________________________________________________________17 of all employers, which approximates a market rate of return on taxable________________________________________________________________________18 fixed rate securities with similar terms issued by comparable issuers,________________________________________________________________________19 with the first of ten equal payments payable on February first, two________________________________________________________________________20 thousand seventeen.___________________21 b. A participating employer may, in lieu of paying its entire February______________________________________________________________________22 first, two thousand sixteen bill, pay a lesser amount on February first,________________________________________________________________________23 two thousand sixteen which shall be determined by the comptroller by________________________________________________________________________24 adding the following six amounts together:__________________________________________25 (1) the entire February first, two thousand sixteen bill, calculated______________________________________________________________________26 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________27 this section) less the "amount eligible for amortization" determined________________________________________________________________________28 pursuant to subdivision a of this section; and______________________________________________29 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________30 zation" determined pursuant to subdivision a of section seventeen-i of________________________________________________________________________31 this title, if applicable; and______________________________32 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________33 zation" determined pursuant to subdivision a of section seventeen-h of________________________________________________________________________34 this title, if applicable; and______________________________35 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________36 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________37 this title, if applicable; and______________________________38 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________39 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________40 this title, if applicable; and______________________________41 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________42 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________43 this title, if applicable.__________________________44 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________45 of this section shall pay on February first, two thousand seventeen an________________________________________________________________________46 amount determined by the comptroller by adding the following seven________________________________________________________________________47 amounts together:_________________48 (1) the entire February first, two thousand seventeen bill, calculated______________________________________________________________________49 pursuant to section twenty-three-a of this article (without reference to________________________________________________________________________50 this section); and__________________51 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________52 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________53 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________54 zation" determined pursuant to subdivision a of section seventeen-i of________________________________________________________________________55 this title, if applicable; and______________________________

AB

S. 6606 201 A. 9706

1 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section seventeen-h of________________________________________________________________________3 this title, if applicable; and______________________________4 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to subdivision a of section seventeen-g of________________________________________________________________________6 this title, if applicable; and______________________________7 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________8 zation" determined pursuant to subdivision a of section seventeen-f of________________________________________________________________________9 this title, if applicable; and______________________________10 (7) the sixth annual installment of the "amount eligible for amorti-______________________________________________________________________11 zation" determined pursuant to subdivision a of section seventeen-e of________________________________________________________________________12 this title, if applicable.__________________________13 d. Amortized payments determined pursuant to sections seventeen-b,______________________________________________________________________14 seventeen-c, seventeen-d, seventeen-e, seventeen-f, seventeen-g, seven-________________________________________________________________________15 teen-h and seventeen-i of this title and pursuant to this section shall________________________________________________________________________16 be due and payable on February first of each year during the applicable________________________________________________________________________17 amortization period. The comptroller shall have the authority to permit________________________________________________________________________18 the pre-payment of the remaining balance of the "amount eligible for________________________________________________________________________19 amortization" determined pursuant to all such sections subject to the________________________________________________________________________20 following:__________21 (1) on or before November fifteenth, two thousand sixteen in addition______________________________________________________________________22 to the amount due for the current year billing and for the payment of________________________________________________________________________23 the amortized annual installment determined pursuant to sections seven-________________________________________________________________________24 teen-b, seventeen-c, seventeen-d, seventeen-e, seventeen-f, seventeen-g,________________________________________________________________________25 seventeen-h and seventeen-i of this title and pursuant to this section,________________________________________________________________________26 the comptroller shall advise the participating employer of the total________________________________________________________________________27 amount due and be authorized to accept pre-payment in full of said________________________________________________________________________28 amount by February first, two thousand seventeen._________________________________________________29 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________30 the amount due for the current year billing and for the payment of the________________________________________________________________________31 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________32 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________33 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________34 ary first of the succeeding year._________________________________35 § 20. The retirement and social security law is amended by adding a36 new section 317-e to read as follows:37 § 317-e. Amortization of a portion of the bills for participating______________________________________________________________________38 employers for the two thousand ten--two thousand eleven fiscal year. a.________________________________________________________________________39 If the comptroller, in his or her discretion, decides to permit amorti-________________________________________________________________________40 zation of employer contributions pursuant to this section, then, on or________________________________________________________________________41 about October fifteenth, two thousand nine, on the basis of the annual________________________________________________________________________42 actuarial valuation provided for in this chapter, the comptroller shall________________________________________________________________________43 determine the amount (exclusive of payments for group term life insur-________________________________________________________________________44 ance, deficiency payments, adjustments relating to prior fiscal years'________________________________________________________________________45 obligations and obligations pertaining to retirement incentives or any________________________________________________________________________46 other obligations that a participating employer is permitted to pay on________________________________________________________________________47 an amortized basis) of the annual contribution for a participating________________________________________________________________________48 employer pursuant to section three hundred twenty-three-a of this arti-________________________________________________________________________49 cle due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________50 eleven. The amount by which such contribution exceeds seventeen and________________________________________________________________________51 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________52 year ending March thirty-first, two thousand eleven shall be the "amount________________________________________________________________________53 eligible for amortization". An amount up to the "amount eligible for________________________________________________________________________54 amortization" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________55 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________56 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________

AB

S. 6606 202 A. 9706

1 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________2 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________3 the first of ten equal payments payable on February first, two thousand________________________________________________________________________4 twelve._______5 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________6 ary first, two thousand eleven bill, pay a lesser amount on February________________________________________________________________________7 first, two thousand eleven which shall be determined by the comptroller________________________________________________________________________8 equaling the following amounts,_______________________________9 the entire February first, two thousand eleven bill, calculated pursu-______________________________________________________________________10 ant to section three hundred twenty-three-a of this article (without________________________________________________________________________11 reference to this section) less the "amount eligible for amortization"________________________________________________________________________12 determined pursuant to subdivision a of this section._____________________________________________________13 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________14 of this section shall pay on February first, two thousand twelve an________________________________________________________________________15 amount determined by the comptroller by adding the following two amounts________________________________________________________________________16 together:_________17 (1) the entire February first, two thousand twelve bill, calculated______________________________________________________________________18 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________19 out reference to this section), less the "amount eligible for amorti-________________________________________________________________________20 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________21 seventeen-f of this title; and______________________________22 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________23 zation" determined pursuant to subdivision a of this section._____________________________________________________________24 d. Amortized payments determined pursuant to sections three hundred______________________________________________________________________25 seventeen-b, three hundred seventeen-c, and three hundred seventeen-d of________________________________________________________________________26 this title and pursuant to this section shall be due and payable on________________________________________________________________________27 February first of each year during the applicable amortization period.________________________________________________________________________28 The comptroller shall have the authority to permit the pre-payment of________________________________________________________________________29 the remaining balance of the "amount eligible for amortization" deter-________________________________________________________________________30 mined pursuant to all such sections subject to the following:_____________________________________________________________31 (1) on or before November fifteenth, two thousand eleven in addition______________________________________________________________________32 to the the amount due for the current year billing and for the payment________________________________________________________________________33 of the amortized annual installment determined pursuant to sections________________________________________________________________________34 three hundred seventeen-b, three hundred seventeen-c, and three hundred________________________________________________________________________35 seventeen-d of this title and pursuant to this section, the comptroller________________________________________________________________________36 shall advise the participating employer of the total amount due and be________________________________________________________________________37 authorized to accept pre-payment in full of said amount by February________________________________________________________________________38 first, two thousand twelve.___________________________39 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________40 the amount due for the current year billing and for the payment of the________________________________________________________________________41 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________42 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________43 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________44 ary first of the succeeding year._________________________________45 § 21. The retirement and social security law is amended by adding a46 new section 317-f to read as follows:47 § 317-f. Amortization of a portion of the bills for participating______________________________________________________________________48 employers for the two thousand eleven--two thousand twelve fiscal year.________________________________________________________________________49 a. If the comptroller, in his or her discretion, decides to permit amor-________________________________________________________________________50 tization of employer contributions pursuant to this section, then, on or________________________________________________________________________51 about October fifteenth, two thousand ten, on the basis of the annual________________________________________________________________________52 actuarial valuation provided for in this chapter, the comptroller shall________________________________________________________________________53 determine the amount (exclusive of payments for group term life insur-________________________________________________________________________54 ance, deficiency payments, adjustments relating to prior fiscal years'________________________________________________________________________55 obligations and obligations pertaining to retirement incentives or any________________________________________________________________________56 other obligations that a participating employer is permitted to pay on________________________________________________________________________

AB

S. 6606 203 A. 9706

1 an amortized basis) of the annual contribution for a participating________________________________________________________________________2 employer pursuant to section three hundred twenty-three-a of this arti-________________________________________________________________________3 cle due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________4 twelve. The amount by which such contribution exceeds eighteen and one-________________________________________________________________________5 half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________6 year ending March thirty-first, two thousand twelve shall be the "amount________________________________________________________________________7 eligible for amortization". An amount up to the "amount eligible for________________________________________________________________________8 amortization" may be amortized over a ten-year period at a fixed rate of________________________________________________________________________9 interest per annum to be determined by the comptroller to be applied to________________________________________________________________________10 the unpaid balance of the amounts eligible for amortization of all________________________________________________________________________11 employers, which approximates a market rate of return on taxable fixed________________________________________________________________________12 rate securities with similar terms issued by comparable issuers, with________________________________________________________________________13 the first of ten equal payments payable on February first, two thousand________________________________________________________________________14 thirteen._________15 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________16 ary first, two thousand twelve bill, pay a lesser amount on February________________________________________________________________________17 first, two thousand twelve which shall be determined by the comptroller________________________________________________________________________18 by adding the following two amounts together:_____________________________________________19 (1) the entire February first, two thousand twelve bill, calculated______________________________________________________________________20 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________21 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________22 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________23 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________24 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________25 seventeen-e of this title, if applicable._________________________________________26 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________27 of this section shall pay on February first, two thousand thirteen an________________________________________________________________________28 amount determined by the comptroller by adding the following three________________________________________________________________________29 amounts together:_________________30 (1) the entire February first, two thousand thirteen bill, calculated______________________________________________________________________31 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________32 out reference to this section), less the "amount eligible for amorti-________________________________________________________________________33 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________34 seventeen-g of this title; and______________________________35 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________36 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________37 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________38 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________39 seventeen-e of this title, if applicable._________________________________________40 d. Amortized payments determined pursuant to sections three hundred______________________________________________________________________41 seventeen-b, three hundred seventeen-c, three hundred seventeen-d, and________________________________________________________________________42 three hundred seventeen-e of this title, and pursuant to this section________________________________________________________________________43 shall be due and payable on February first of each year during the________________________________________________________________________44 applicable amortization period. The comptroller shall have the authori-________________________________________________________________________45 ty to permit the pre-payment of the remaining balance of the "amount________________________________________________________________________46 eligible for amortization" determined pursuant to all such sections________________________________________________________________________47 subject to the following:_________________________48 (1) on or before November fifteenth, two thousand twelve in addition______________________________________________________________________49 to the amount due for the current year billing and for the payment of________________________________________________________________________50 amortized annual installment determined pursuant to sections three________________________________________________________________________51 hundred seventeen-b, three hundred seventeen-c, three hundred seven-________________________________________________________________________52 teen-d, and three hundred seventeen-e of this title and pursuant to this________________________________________________________________________53 section, the comptroller shall advise the participating employer of the________________________________________________________________________54 total amount due and be authorized to accept pre-payment in full of said________________________________________________________________________55 amount by February first, two thousand thirteen.________________________________________________

AB

S. 6606 204 A. 9706

1 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________2 the amount due for the current year billing and for the payment of the________________________________________________________________________3 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________4 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________5 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________6 ary first of the succeeding year._________________________________7 § 22. The retirement and social security law is amended by adding a8 new section 317-g to read as follows:9 § 317-g. Amortization of a portion of the bills for participating______________________________________________________________________10 employers for the two thousand twelve--two thousand thirteen fiscal________________________________________________________________________11 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________12 amortization of employer contributions pursuant to this section, then,________________________________________________________________________13 on or about October fifteenth, two thousand eleven, on the basis of the________________________________________________________________________14 annual actuarial valuation provided for in this chapter, the comptroller________________________________________________________________________15 shall determine the amount (exclusive of payments for group term life________________________________________________________________________16 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________17 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________18 or any other obligations that a participating employer is permitted to________________________________________________________________________19 pay on an amortized basis) of the annual contribution for a participat-________________________________________________________________________20 ing employer pursuant to section three hundred twenty-three-a of this________________________________________________________________________21 article due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________22 thirteen. The amount by which such contribution exceeds nineteen and________________________________________________________________________23 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________24 year ending March thirty-first, two thousand thirteen shall be the________________________________________________________________________25 "amount eligible for amortization". An amount up to the "amount eligible________________________________________________________________________26 for amortization" may be amortized over a ten-year period at a fixed________________________________________________________________________27 rate of interest per annum to be determined by the comptroller to be________________________________________________________________________28 applied to the unpaid balance of the amounts eligible for amortization________________________________________________________________________29 of all employers, which approximates a market rate of return on taxable________________________________________________________________________30 fixed rate securities with similar terms issued by comparable issuers,________________________________________________________________________31 with the first of ten equal payments payable on February first, two________________________________________________________________________32 thousand fourteen.__________________33 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________34 ary first, two thousand thirteen bill, pay a lesser amount on February________________________________________________________________________35 first, two thousand thirteen which shall be determined by the comp-________________________________________________________________________36 troller by adding the following three amounts together:_______________________________________________________37 (1) the entire February first, two thousand thirteen bill, calculated______________________________________________________________________38 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________39 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________40 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________41 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________42 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________43 seventeen-f of this title, if applicable; and_____________________________________________44 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________45 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________46 seventeen-e of this title, if applicable._________________________________________47 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________48 of this section shall pay on February first, two thousand fourteen an________________________________________________________________________49 amount determined by the comptroller by adding the following four________________________________________________________________________50 amounts together:_________________51 (1) the entire February first, two thousand fourteen bill, calculated______________________________________________________________________52 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________53 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________54 zation" determined pursuant to section seventeen-h of this title, if________________________________________________________________________55 applicable; and_______________

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1 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________3 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________4 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________5 seventeen-f of this title, if applicable; and_____________________________________________6 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________7 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________8 seventeen-e of this title, if applicable._________________________________________9 d. Amortized payments determined pursuant to sections three hundred______________________________________________________________________10 seventeen-b, three hundred seventeen-c, three hundred seventeen-d, three________________________________________________________________________11 hundred seventeen-e, and three hundred seventeen-f of this title and________________________________________________________________________12 pursuant to this section shall be due and payable on February first of________________________________________________________________________13 each year during the applicable amortization period. The comptroller________________________________________________________________________14 shall have the authority to permit the pre-payment of the remaining________________________________________________________________________15 balance of the "amount eligible for amortization" determined pursuant to________________________________________________________________________16 all such sections subject to the following:___________________________________________17 (1) on or before November fifteenth, two thousand thirteen in addition______________________________________________________________________18 to the amount due for the current year billing and for the payment of________________________________________________________________________19 the amortized annual installment determined pursuant to sections three________________________________________________________________________20 hundred seventeen-b, three hundred seventeen-c, three hundred seven-________________________________________________________________________21 teen-d, three hundred seventeen-e, and three hundred seventeen-f of this________________________________________________________________________22 title and pursuant to this section, the comptroller shall advise the________________________________________________________________________23 participating employer of the total amount due and be authorized to________________________________________________________________________24 accept pre-payment in full of said amount by February first, two thou-________________________________________________________________________25 sand fourteen.______________26 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________27 the amount due for the current year billing and for the payment of the________________________________________________________________________28 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________29 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________30 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________31 ary first of the succeeding year._________________________________32 § 23. The retirement and social security law is amended by adding a33 new section 317-h to read as follows:34 § 317-h. Amortization of a portion of the bills for participating______________________________________________________________________35 employers for the two thousand thirteen--two thousand fourteen fiscal________________________________________________________________________36 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________37 amortization of employer contributions pursuant to this section, then,________________________________________________________________________38 on or about October fifteenth, two thousand twelve, on the basis of the________________________________________________________________________39 annual actuarial valuation provided for in this chapter, the comptroller________________________________________________________________________40 shall determine the amount (exclusive of payments for group term life________________________________________________________________________41 insurance, deficiency payments, adjustments relating to prior fiscal________________________________________________________________________42 years' obligations and obligations pertaining to retirement incentives________________________________________________________________________43 or any other obligations that a participating employer is permitted to________________________________________________________________________44 pay on an amortized basis) of the annual contribution for a participat-________________________________________________________________________45 ing employer pursuant to section three hundred twenty-three-a of this________________________________________________________________________46 article due for the fiscal year ending March thirty-first, two thousand________________________________________________________________________47 fourteen. The amount by which such contribution exceeds twenty and________________________________________________________________________48 one-half percent of the estimated pensionable salary base for the fiscal________________________________________________________________________49 year ending March thirty-first, two thousand fourteen shall be the________________________________________________________________________50 "amount eligible for amortization". An amount up to the "amount eligible________________________________________________________________________51 for amortization" may be amortized over a ten-year period at a fixed________________________________________________________________________52 rate of interest per annum to be determined by the comptroller to be________________________________________________________________________53 applied to the unpaid balance of the amounts eligible for amortization________________________________________________________________________54 of all employers, which approximates a market rate of return on taxable________________________________________________________________________55 fixed rate securities with similar terms issued by comparable issuers,________________________________________________________________________

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1 with the first of ten equal payments payable on February first, two________________________________________________________________________2 thousand fifteen._________________3 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________4 ary first, two thousand fourteen bill, pay a lesser amount on February________________________________________________________________________5 first, two thousand fourteen which shall be determined by the comp-________________________________________________________________________6 troller by adding the following four amounts together:______________________________________________________7 (1) the entire February first, two thousand fourteen bill, calculated______________________________________________________________________8 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________9 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________10 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________11 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________12 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________13 seventeen-g of this title, if applicable; and_____________________________________________14 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________15 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________16 seventeen-f of this title, if applicable; and_____________________________________________17 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________19 seventeen-e of this title, if applicable._________________________________________20 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________21 of this section shall pay on February first, two thousand fifteen an________________________________________________________________________22 amount determined by the comptroller by adding the following five________________________________________________________________________23 amounts together:_________________24 (1) the entire February first, two thousand fifteen bill, calculated______________________________________________________________________25 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________26 out reference to this section, less the "amount eligible for amorti-________________________________________________________________________27 zation" determined pursuant to section three hundred seventeen-i of this________________________________________________________________________28 title, if applicable; and_________________________29 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________30 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________31 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________32 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________33 seventeen-g of this title, if applicable; and_____________________________________________34 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________35 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________36 seventeen-f of this title, if applicable; and_____________________________________________37 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________38 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________39 seventeen-e of this title, if applicable._________________________________________40 d. Amortized payments determined pursuant to sections three hundred______________________________________________________________________41 seventeen-b, three hundred seventeen-c, three hundred seventeen-d, three________________________________________________________________________42 hundred seventeen-e, three hundred seventeen-f and three hundred seven-________________________________________________________________________43 teen-g of this title and pursuant to this section shall be due and paya-________________________________________________________________________44 ble on February first of each year during the applicable amortization________________________________________________________________________45 period. The comptroller shall have the authority to permit the pre-pay-________________________________________________________________________46 ment of the remaining balance of the "amount eligible for amortization"________________________________________________________________________47 determined pursuant to all such sections subject to the following:__________________________________________________________________48 (1) on or before November fifteenth, two thousand fourteen in addition______________________________________________________________________49 to the amount due for the current year billing and for the payment of________________________________________________________________________50 the amortized annual installment determined pursuant to sections three________________________________________________________________________51 hundred seventeen-b, three hundred seventeen-c, three hundred seven-________________________________________________________________________52 teen-d, three hundred seventeen-e, three hundred seventeen-f and three________________________________________________________________________53 hundred seventeen-g of this title and pursuant to this section, the________________________________________________________________________54 comptroller shall advise the participating employer of the total amount________________________________________________________________________55 due and be authorized to accept pre-payment in full of said amount by________________________________________________________________________56 February first, two thousand fifteen._____________________________________

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1 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________2 the amount due for the current year billing and for the payment of the________________________________________________________________________3 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________4 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________5 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________6 ary first of the succeeding year._________________________________7 § 24. The retirement and social security law is amended by adding a8 new section 317-i to read as follows:9 § 317-i. Amortization of a portion of the bills for participating______________________________________________________________________10 employers for the two thousand fourteen--two thousand fifteen fiscal________________________________________________________________________11 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________12 amortization of employer contributions pursuant to this section, then,________________________________________________________________________13 on or about October fifteenth, two thousand thirteen, on the basis of________________________________________________________________________14 the annual actuarial valuation provided for in this chapter, the comp-________________________________________________________________________15 troller shall determine the amount (exclusive of payments for group term________________________________________________________________________16 life insurance, deficiency payments, adjustments relating to prior________________________________________________________________________17 fiscal years' obligations and obligations pertaining to retirement________________________________________________________________________18 incentives or any other obligations that a participating employer is________________________________________________________________________19 permitted to pay on an amortized basis) of the annual contribution for a________________________________________________________________________20 participating employer pursuant to section three hundred twenty-three-a________________________________________________________________________21 of this article due for the fiscal year ending March thirty-first, two________________________________________________________________________22 thousand fifteen. The amount by which such contribution exceeds twenty-________________________________________________________________________23 one and one-half percent of the estimated pensionable salary base for________________________________________________________________________24 the fiscal year ending March thirty-first, two thousand fifteen shall be________________________________________________________________________25 the "amount eligible for amortization". An amount up to the "amount________________________________________________________________________26 eligible for amortization" may be amortized over a ten-year period at a________________________________________________________________________27 fixed rate of interest per annum to be determined by the comptroller to________________________________________________________________________28 be applied to the unpaid balance of the amounts eligible for amorti-________________________________________________________________________29 zation of all employers, which approximates a market rate of return on________________________________________________________________________30 taxable fixed rate securities with similar terms issued by comparable________________________________________________________________________31 issuers, with the first of ten equal payments payable on February first,________________________________________________________________________32 two thousand sixteen._____________________33 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________34 ary first, two thousand fifteen bill, pay a lesser amount on February________________________________________________________________________35 first, two thousand fifteen which shall be determined by the comptroller________________________________________________________________________36 by adding the following five amounts together:______________________________________________37 (1) the entire February first, two thousand fifteen bill, calculated______________________________________________________________________38 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________39 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________40 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________41 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________42 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________43 seventeen-h of this title, if applicable; and_____________________________________________44 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________45 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________46 seventeen-g of this title, if applicable; and_____________________________________________47 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________48 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________49 seventeen-f of this title, if applicable; and_____________________________________________50 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________51 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________52 seventeen-e of this title, if applicable._________________________________________53 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________54 of this section shall pay on February first, two thousand sixteen an________________________________________________________________________55 amount determined by the comptroller by adding the following six amounts________________________________________________________________________56 together:_________

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1 (1) the entire February first, two thousand sixteen bill, calculated______________________________________________________________________2 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________3 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________4 zation" determined pursuant to section three hundred seventeen-j of this________________________________________________________________________5 title, if applicable; and_________________________6 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________7 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________8 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________9 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________10 seventeen-h of this title, if applicable; and_____________________________________________11 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________12 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________13 seventeen-g of this title, if applicable; and_____________________________________________14 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________15 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________16 seventeen-f of this title, if applicable; and_____________________________________________17 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________18 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________19 seventeen-e of this title, if applicable._________________________________________20 d. Amortized payments determined pursuant to sections three hundred______________________________________________________________________21 seventeen-b, three hundred seventeen-c, three hundred seventeen-d, three________________________________________________________________________22 hundred seventeen-e, three hundred seventeen-f, three hundred seven-________________________________________________________________________23 teen-g and three hundred seventeen-h of this title and pursuant to this________________________________________________________________________24 section shall be due and payable on February first of each year during________________________________________________________________________25 the applicable amortization period. The comptroller shall have the________________________________________________________________________26 authority to permit the pre-payment of the remaining balance of the________________________________________________________________________27 "amount eligible for amortization" determined pursuant to all such________________________________________________________________________28 sections subject to the following:__________________________________29 (1) on or before November fifteenth, two thousand fifteen in addition______________________________________________________________________30 to the amount due for the current year billing and for the payment of________________________________________________________________________31 the amortized annual installment determined pursuant to sections three________________________________________________________________________32 hundred seventeen-b, three hundred seventeen-c, three hundred seven-________________________________________________________________________33 teen-d, three hundred seventeen-e, three hundred seventeen-f, three________________________________________________________________________34 hundred seventeen-g and three hundred seventeen-h of this title and________________________________________________________________________35 pursuant to this section, the comptroller shall advise the participating________________________________________________________________________36 employer of the total amount due and be authorized to accept pre-payment________________________________________________________________________37 in full of said amount by February first, two thousand sixteen._______________________________________________________________38 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________39 the amount due for the current year billing and for the payment of the________________________________________________________________________40 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________41 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________42 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________43 ary first of the succeeding year._________________________________44 § 25. The retirement and social security law is amended by adding a45 new section 317-j to read as follows:46 § 317-j. Amortization of a portion of the bills for participating______________________________________________________________________47 employers for the two thousand fifteen--two thousand sixteen fiscal________________________________________________________________________48 year. a. If the comptroller, in his or her discretion, decides to permit________________________________________________________________________49 amortization of employer contributions pursuant to this section, then,________________________________________________________________________50 on or about October fifteenth, two thousand fourteen, on the basis of________________________________________________________________________51 the annual actuarial valuation provided for in this chapter, the comp-________________________________________________________________________52 troller shall determine the amount (exclusive of payments for group term________________________________________________________________________53 life insurance, deficiency payments, adjustments relating to prior________________________________________________________________________54 fiscal years' obligations and obligations pertaining to retirement________________________________________________________________________55 incentives or any other obligations that a participating employer is________________________________________________________________________56 permitted to pay on an amortized basis) of the annual contribution for a________________________________________________________________________

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1 participating employer pursuant to section three hundred twenty-three-a________________________________________________________________________2 of this article due for the fiscal year ending March thirty-first, two________________________________________________________________________3 thousand sixteen. The amount by which such contribution exceeds twenty-________________________________________________________________________4 two and one-half percent of the estimated pensionable salary base for________________________________________________________________________5 the fiscal year ending March thirty-first, two thousand sixteen shall be________________________________________________________________________6 the "amount eligible for amortization". An amount up to the "amount________________________________________________________________________7 eligible for amortization" may be amortized over a ten-year period at a________________________________________________________________________8 fixed rate of interest per annum to be determined by the comptroller to________________________________________________________________________9 be applied to the unpaid balance of the amounts eligible for amorti-________________________________________________________________________10 zation of all employers, which approximates a market rate of return on________________________________________________________________________11 taxable fixed rate securities with similar terms issued by comparable________________________________________________________________________12 issuers, with the first of ten equal payments payable on February first,________________________________________________________________________13 two thousand seventeen._______________________14 b. A participating employer, may, in lieu of paying its entire Febru-______________________________________________________________________15 ary first, two thousand sixteen bill, pay a lesser amount on February________________________________________________________________________16 first, two thousand sixteen which shall be determined by the comptroller________________________________________________________________________17 by adding the following six amounts together:_____________________________________________18 (1) the entire February first, two thousand sixteen bill, calculated______________________________________________________________________19 pursuant to section three hundred twenty-three-a of this article (with-________________________________________________________________________20 out reference to this section) less the "amount eligible for amorti-________________________________________________________________________21 zation" determined pursuant to subdivision a of this section); and__________________________________________________________________22 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________23 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________24 seventeen-i of this title, if applicable; and_____________________________________________25 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________26 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________27 seventeen-h of this title, if applicable; and_____________________________________________28 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________29 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________30 seventeen-g of this title, if applicable; and_____________________________________________31 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________32 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________33 seventeen-f of this title, if applicable; and_____________________________________________34 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________35 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________36 seventeen-e of this title, if applicable._________________________________________37 c. A participating employer making a payment pursuant to subdivision b______________________________________________________________________38 of this section shall pay on February first, two thousand seventeen an________________________________________________________________________39 amount determined by the comptroller by adding the following seven________________________________________________________________________40 amounts together:_________________41 (1) the entire February first, two thousand seventeen bill, calculated______________________________________________________________________42 pursuant to sections three hundred twenty-three-a of this article (with-________________________________________________________________________43 out reference to this section); and___________________________________44 (2) the first annual installment of the "amount eligible for amorti-______________________________________________________________________45 zation" determined pursuant to subdivision a of this section; and_________________________________________________________________46 (3) the second annual installment of the "amount eligible for amorti-______________________________________________________________________47 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________48 seventeen-i of this title, if applicable; and_____________________________________________49 (4) the third annual installment of the "amount eligible for amorti-______________________________________________________________________50 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________51 seventeen-h of this title, if applicable; and_____________________________________________52 (5) the fourth annual installment of the "amount eligible for amorti-______________________________________________________________________53 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________54 seventeen-g of this title, if applicable; and_____________________________________________

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1 (6) the fifth annual installment of the "amount eligible for amorti-______________________________________________________________________2 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________3 seventeen-f of this title, if applicable; and_____________________________________________4 (7) the sixth annual installment of the "amount eligible for amorti-______________________________________________________________________5 zation" determined pursuant to subdivision a of section three hundred________________________________________________________________________6 seventeen-e of this title, if applicable._________________________________________7 d. Amortized payments determined pursuant to sections three hundred_____________________________________________________________________8 seventeen-b, three hundred seventeen-c, three hundred seventeen-d, three________________________________________________________________________9 hundred seventeen-e, three hundred seventeen-f, three hundred seven-________________________________________________________________________10 teen-g, three hundred seventeen-h and three hundred seventeen-i of this________________________________________________________________________11 title and pursuant to this section shall be due and payable on February________________________________________________________________________12 first of each year during the applicable amortization period. The comp-________________________________________________________________________13 troller shall have the authority to permit the pre-payment of the________________________________________________________________________14 remaining balance of the "amount eligible for amortization" determined________________________________________________________________________15 pursuant to all such sections subject to the following:_______________________________________________________16 (1) on or before November fifteenth, two thousand sixteen in addition______________________________________________________________________17 to the amount due for the current year billing and for the payment of________________________________________________________________________18 the amortized annual installment determined pursuant to sections three________________________________________________________________________19 hundred seventeen-b, three hundred seventeen-c, three hundred seven-________________________________________________________________________20 teen-d, three hundred seventeen-e, three hundred seventeen-f, three________________________________________________________________________21 hundred seventeen-g, three hundred seventeen-h and three hundred seven-________________________________________________________________________22 teen-i of this title and pursuant to this section, the comptroller shall________________________________________________________________________23 advise the participating employer of the total amount due and be author-________________________________________________________________________24 ized to accept pre-payment in full of said amount by February first, two________________________________________________________________________25 thousand seventeen.___________________26 (2) on or before each November fifteenth thereafter, in addition to______________________________________________________________________27 the amount due for the current year billing and for the payment of the________________________________________________________________________28 annual amortized installments, the comptroller shall advise the partic-________________________________________________________________________29 ipating employer of the total amount still outstanding and be authorized________________________________________________________________________30 to accept the pre-payment of any balance remaining to be paid by Febru-________________________________________________________________________31 ary first of the succeeding year._________________________________32 § 26. Paragraph 2 of subdivision b of section 323-a of the retirement33 and social security law, as added by section 2 of part A of chapter 4934 of the laws of 2003, is amended to read as follows:35 2. requiring a minimum annual contribution from the state and every36 participating employer (exclusive of payments for group term life insur-37 ance, deficiency payments, adjustments relating to prior fiscal years'38 obligations and obligations pertaining to retirement incentives or any39 other obligations that the state or participating employer is permitted40 to pay on an amortized basis) equal to [four] five and one-half percent____41 of pensionable salaries. Effective immediately upon implementation by42 the comptroller of the comprehensive structural reform program set forth43 in this section, and in all subsequent years, participating employers44 shall pay either the required annual contribution determined under the45 revised schedule pertaining to the valuation, billing and payment of46 contributions pursuant to paragraph one of this subdivision, or the47 required minimum annual contribution of [four] five and one-half percent____48 of pensionable salaries, whichever is greater; and49 § 27. Severability clause. If any clause, sentence, paragraph, subdi-50 vision, section or part of this act shall be adjudged by any court of51 competent jurisdiction to be invalid, such judgment shall not affect,52 impair, or invalidate the remainder thereof, but shall be confined in53 its operation to the clause, sentence, paragraph, subdivision, section54 or part thereof directly involved in the controversy in which such judg-55 ment shall have been rendered. It is hereby declared to be the intent of

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1 the legislature that this act would have been enacted even if such2 invalid provisions had not been included herein.3 § 28. This act shall take effect immediately.

FISCAL NOTE.--This bill would amend the Retirement and Social SecurityLaw as it pertains to employer bills of the New York State and LocalEmployees Retirement System (ERS) and the New York State and LocalPolice and Fire Retirement System (PFRS).This bill puts in place a 6 year program that allows ERS and PFRS

employers, if they choose to participate, to amortize a portion of theirbill with their respective Retirement System when employer contributionsrates rise above certain levels. In ERS these levels are 9.5% for2010/11 bills, 10.5% for 2011/12 bills, 11.5% for 2012/13 bills, 12.5%for 2013/14 bills, 13.5% for 2014/15 bills, and 14.5% for 2015/16 bills.In PFRS these levels are 17.5% for 2010/11 bills, 18.5% for 2011/12bills, 19.5% for 2012/13 bills, 20.5% for 2013/14 bills, 21.5% for2014/15 bills, and 22.5% for 2015/16 bills. The amortization is over aperiod of 10 years at a rate of interest determined by the Comptroller(which approximates a market rate of return on taxable fixed rate secu-rities with similar terms issued by comparable issuers), with the firstof the ten equal annual payments payable one year following the respec-tive billing date.Further, this bill increases the current minimum contribution to the

System from 4.5% of payroll to 5.5% of payroll for all future years.Over the long term, this provision will act to reduce the contributionrate volatility and enhance the long term fiscal health of the System.If this bill is enacted, we estimate that there would be a small

administrative cost to the System to revise the current billing proc-esses.This estimate, dated December 17, 2009, and intended for use only

during the 2010 Legislative Session, is Fiscal Note No. 2010-45,prepared by the Actuary for the New York State and Local Employees'Retirement System and the New York State and Local Police and FireRetirement System.

4 PART W

5 Section 1. (a) The purpose of this act is to provide for an orderly6 transfer of responsibilities relating to real property tax adminis-7 tration to the commissioner of taxation and finance and the department8 of taxation and finance, from the state board of real property services9 and the state office of real property services.10 (b) Wherever the terms "state board of real property services," "state11 board" or "state office of real property services" appear in the real12 property tax law, such terms are hereby changed to "commissioner",13 provided that in sections 614, 816, 818, 1253 and 1263 of the real prop-14 erty tax law, such terms shall be changed to "tax appeals tribunal," and15 provided further that the text of sections 202, 216, 324, 489-o, 489-11,16 1210 and 1218 of the real property tax law shall be changed only as17 provided by the ensuing provisions of this act.18 (c) Wherever the terms "state board of real property services," "state19 board" or "state office of real property services" appear in the tax20 law, such terms are hereby changed to "commissioner", provided further21 that the text of subdivision (e) of section 15, paragraph 5 of subdivi-22 sion (b) of section 22, subdivision 25th of section 171 and sections23 171-o, 697, and 1564 of the tax law shall only be changed to the extent24 provided by the ensuing provisions of this act.

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1 (d) Wherever the term "state board of real property services" or2 "state office of real property services" appears in the consolidated or3 unconsolidated laws of this state other than the real property tax law4 or the tax law, such term is hereby changed to "commissioner of taxation5 and finance". Wherever the term "state board of real property services"6 is followed by the term "state board" in such a statute, such term is7 hereby changed to "commissioner".8 (e) The legislative bill drafting commission is hereby directed to9 effectuate this provision, and shall be guided by a memorandum of10 instruction setting forth the specific provisions of law to be amended.11 Such memorandum shall be transmitted to the legislative bill drafting12 commission within sixty days of enactment of this provision. Such memo-13 randum shall be issued jointly by the governor, the temporary president14 of the senate, and the speaker of the assembly, or by the delegate of15 each.16 § 2. Paragraph (c) of subdivision 1 of section 169 of the executive17 law, as amended by chapter 634 of the laws of 1998, is amended to read18 as follows:19 (c) commissioner of agriculture and markets, commissioner of alcohol-20 ism and substance abuse services, adjutant general, commissioner and21 president of state civil service commission, commissioner of economic22 development, chair of the energy research and development authority,23 [executive director of the board of real property services,] president24 of higher education services corporation, commissioner of motor vehi-25 cles, member-chair of board of parole, director of probation and correc-26 tional alternatives, chair of public employment relations board, secre-27 tary of state, chair of the state racing and wagering board,28 commissioner of alcoholism and substance abuse services, executive29 director of the housing finance agency, commissioner of housing and30 community renewal, executive director of state insurance fund, commis-31 sioner-chair of state liquor authority, chair of the workers' compen-32 sation board;33 § 3. Section 102 of the real property tax law is amended by adding34 three new subdivisions 5-a, 9-b and 20-a to read as follows:35 5-a. "Commissioner" means the commissioner of taxation and finance.___________________________________________________________________36 9-b. "Department" means the department of taxation and finance._______________________________________________________________37 20-a. "Tax appeals tribunal" means the body established by section two______________________________________________________________________38 thousand four of the tax law._____________________________39 § 4. Sections 200, 201, 204, 206, 208, 210, 212 and 214 of the real40 property tax law are REPEALED.41 § 5. The real property tax law is amended by adding a new section 20042 to read as follows:43 § 200. Assumption of responsibilities by the department of taxation______________________________________________________________________44 and finance. 1. On and after the effective date of this section, the________________________________________________________________________45 functions, powers and duties of the state board of real property________________________________________________________________________46 services as formerly established by this chapter shall be considered________________________________________________________________________47 functions, powers and duties of the commissioner of taxation and________________________________________________________________________48 finance, except to the extent provided by section two hundred six of________________________________________________________________________49 this article._____________50 2. On and after the effective date of this section, the functions,______________________________________________________________________51 powers and duties of the office of real property services as formerly________________________________________________________________________52 established by this chapter shall be considered functions, powers and________________________________________________________________________53 duties of the commissioner of taxation and finance.___________________________________________________54 3. Notwithstanding any other provision of law, rule, or regulation to______________________________________________________________________55 the contrary, upon the transfer of functions from the office of real________________________________________________________________________56 property services to the department of taxation and finance pursuant to________________________________________________________________________

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1 this section, all employees of the office of real property services________________________________________________________________________2 substantially engaged in the performance of the transferred functions________________________________________________________________________3 shall be transferred to the department of taxation and finance. Employ-________________________________________________________________________4 ees transferred pursuant to this section shall be transferred without________________________________________________________________________5 further examination or qualification and shall retain their respective________________________________________________________________________6 civil service classifications, status and collective bargaining unit________________________________________________________________________7 designations and collective bargaining agreements.__________________________________________________8 4. All books, papers, and property of the office of real property______________________________________________________________________9 services shall be delivered to the commissioner. All books, papers, and________________________________________________________________________10 property of the office of real property services shall continue to be________________________________________________________________________11 maintained by the department._____________________________12 5. For the purpose of succession of all functions, powers, duties and______________________________________________________________________13 obligations transferred and assigned to, devolved upon and assumed by it________________________________________________________________________14 pursuant to this section, the department shall be deemed and held to________________________________________________________________________15 constitute the continuation of the office of real property services.____________________________________________________________________16 6. Except as provided in subdivision seven of this section, any busi-______________________________________________________________________17 ness or other matter undertaken or commenced by the state board, the________________________________________________________________________18 office of real property services or the executive director thereof________________________________________________________________________19 pertaining to or connected with the functions, powers, obligations and________________________________________________________________________20 duties hereby transferred and assigned to the commissioner or the________________________________________________________________________21 department and pending on the effective date of this section, may be________________________________________________________________________22 conducted and completed by the commissioner or the department in the________________________________________________________________________23 same manner and under the same terms and conditions and with the same________________________________________________________________________24 effect as if conducted and completed by the state board, the office of________________________________________________________________________25 real property services or its executive director._________________________________________________26 7. No later than sixty days after the effective date of this section,______________________________________________________________________27 the commissioner shall provide the president of the tax appeals tribunal________________________________________________________________________28 with a list of all tentative special franchise values, special franchise________________________________________________________________________29 assessments, railroad ceilings, state equalization rates and other________________________________________________________________________30 equalization products established pursuant to this chapter for which a________________________________________________________________________31 complaint had been filed and not been resolved by the state board, as________________________________________________________________________32 well as any other tentative special franchise value, special franchise________________________________________________________________________33 assessment, railroad ceiling, state equalization rate or any other________________________________________________________________________34 equalization product established pursuant to this chapter for which a________________________________________________________________________35 timely complaint could be filed after such date, as well as any pending________________________________________________________________________36 county equalization reviews. Upon receipt of such list, the tax appeals________________________________________________________________________37 tribunal shall perform the review functions previously performed by the________________________________________________________________________38 state board.____________39 8. (a) All rules, regulations, acts, orders, determinations, and deci-______________________________________________________________________40 sions of the state board or the office of real property services________________________________________________________________________41 pertaining to the functions and powers herein transferred and assigned________________________________________________________________________42 to the commissioner or the department, in force at the time of such________________________________________________________________________43 transfer and assumption, shall continue in full force and effect as________________________________________________________________________44 rules, regulations, acts, orders, determinations and decisions of the________________________________________________________________________45 department until duly modified or abrogated by the commissioner or the________________________________________________________________________46 department.___________47 (b) All rules, regulations, acts, orders, determinations, and deci-______________________________________________________________________48 sions of the state board or the office of real property services________________________________________________________________________49 pertaining to the functions and powers herein transferred and assigned________________________________________________________________________50 to the tax appeals tribunal, in force at the time of such transfer and________________________________________________________________________51 assumption, shall continue in full force and effect as rules, regu-________________________________________________________________________52 lations, acts, orders, determinations and decisions of the tax appeals________________________________________________________________________53 tribunal until duly modified or abrogated by the tax appeals tribunal.______________________________________________________________________54 9. Whenever the state board, the office of real property services or______________________________________________________________________55 its executive director is referred to or designated in any law, contract________________________________________________________________________56 or document pertaining to the functions, powers, obligations and duties________________________________________________________________________

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1 hereby transferred to and assigned to the commissioner or the depart-________________________________________________________________________2 ment, such reference or designation shall be deemed to refer to the________________________________________________________________________3 commissioner or department, as applicable or indicated by the context.______________________________________________________________________4 10. No existing right or remedy of any character shall be lost,______________________________________________________________________5 impaired or affected by any provisions of this section._______________________________________________________6 11. Except as provided in subdivision seven of this section, no action______________________________________________________________________7 or proceeding pending on the effective date of this section, brought by________________________________________________________________________8 or against the state board, the office of real property services or its________________________________________________________________________9 executive director shall be affected by any provision of this section,________________________________________________________________________10 but the same may be prosecuted or defended in the name of the commis-________________________________________________________________________11 sioner or the department. In all such actions and proceedings, the________________________________________________________________________12 commissioner, upon application of the court, shall be substituted as a________________________________________________________________________13 party.______14 12. All appropriations or reappropriations made to the office of real______________________________________________________________________15 property services to the extent of remaining unexpended or unencumbered________________________________________________________________________16 balance thereof, whether allocated or unallocated and whether obligated________________________________________________________________________17 or unobligated, are hereby transferred to and made available for use and________________________________________________________________________18 expenditure by the department subject to the approval of the director of________________________________________________________________________19 the budget for the same purposes for which originally appropriated or________________________________________________________________________20 reappropriated and shall be payable on vouchers certified or approved by________________________________________________________________________21 the commissioner on audit and warrant of the comptroller._________________________________________________________22 13. All assets and liabilities of the office of real property services______________________________________________________________________23 are hereby transferred to and assumed by the department.________________________________________________________24 § 6. Section 202 of the real property tax law, paragraph (c) of subdi-25 vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of26 subdivision 1 as amended by chapter 261 of the laws of 1992, paragraph27 (k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added28 and paragraph (n) of subdivision 1 as relettered by chapter 833 of the29 laws of 1960, paragraph (o) of subdivision 1 as added by chapter 716 of30 the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 16631 of the laws of 1991, paragraph (q) of subdivision 1 as added by chapter32 450 of the laws of 2004, subdivision 1-a as added by chapter 739 of the33 laws of 1978, subdivision 1-b as added by chapter 237 of the laws of34 1995, subdivision 2 as added by chapter 522 of the laws of 1981, the35 opening paragraph of subdivision 2 as amended by chapter 385 of the laws36 of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of37 the laws of 1988, is amended to read as follows:38 § 202. Powers and duties of [state board] the commissioner in relation____________________________39 to real property tax administration. 1. The [board] commissioner shall:___________________________________ ____________40 (a) Assess special franchises;41 (b) Establish state equalization rates for each county, city, town and42 village;43 [(c) Hear and determine reviews relating to determinations made by44 county equalization agencies;45 (d)] (c) Approve assessments of state lands subject to taxation;___46 [(e)] (d) Have general supervision of the function of assessing___47 throughout the state;48 [(f)] (e) Investigate, from time to time, the methods of assessment___49 throughout the state, and confer with, advise and assist assessors and50 other officials whose duties relate to assessments;51 [(g)] (f) Furnish assessors with such information and instructions as___52 may be necessary or proper to aid them in making assessments, which53 instructions shall be followed and compliance with which may be enforced54 by [the board] him or her;__________55 [(h)] (g) Prescribe, and in [its] his or her discretion furnish to___ ___________56 assessors at the expense of the state, forms relating to assessments,

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1 including applications for exemption from real property taxation, which2 forms shall be used by the assessors and applicants for an exemption3 granted pursuant to this or any other chapter, and the use of which4 shall be enforced by the [board] commissioner;____________5 [(i)] (h) Obtain from state and local officers, bodies or other agen-___6 cies such information as may be necessary for the proper discharge of7 [its] the duties conferred upon him or her in relation to real property___ ______________________________________________________8 tax administration, which information shall be furnished on his or her__________________ ____________9 demand [of the state board];10 [(j)] (i) Inquire into the provisions of the laws of other states and___11 confer with the appropriate officials thereof regarding the most effec-12 tual and equitable methods of assessing and taxing real property;13 [(k)] (j) Prepare an annual report to the legislature which shall___14 include therein recommendations concerning amendments to existing law15 and such other information as [it] he or she may deem advisable;_________16 [(l)] (k) Adopt and amend such rules, regulations, orders and determi-___17 nations, not inconsistent with law, as may be necessary for the exercise18 of [its] his or her powers and the performance of [its] his or her____________ __________19 duties under this chapter;20 [(m)] (l) Establish railroad ceilings for railroad real property;___21 [(n)] (m) Exercise and perform such other powers and duties as may be___22 conferred or imposed on [it] him or her by law.__________23 [(o) monitor] (n) Monitor the quality of local assessment practices by___________24 individual assessing units.25 [(p) impose,] (o) Impose, collect and receive such charges or fees as___________26 may be authorized by statute.27 [(q)] (p) Promulgate rules and regulations for the ascertainment and___28 reporting of "assessment record billing owner" information, as defined29 in section one hundred three of the eminent domain procedure law, for30 the purposes of the administration of [said] such law.____31 [1-a] 2. In any instance where an assessing unit has acted pursuant_32 to the rules, regulations, orders, determinations or instructions of the33 [state board] commissioner acting pursuant to the authority conferred__________________________________________________________34 upon him or her by this chapter, and such action is the subject of a____________________________________35 judicial review, the [state board] commissioner may upon request of the____________36 assessing unit assist such assessing unit by the filing of a brief37 amicus curiae or through such other means as may be appropriate.38 [1-b] 3. The [state board] commissioner may adopt rules and regu-_ ____________39 lations, as necessary, to implement the computerized statewide school40 district address match and income verification system set forth in41 section one hundred seventy-one of the tax law.42 [2. The members of the board, or a majority thereof, shall act as a43 body when determining reviews relating to county equalization rates and44 adopting and amending rules, regulations and orders in accordance with45 law. The board may by resolution delegate to any officer or employee of46 the office of real property services any other power or duty to be exer-47 cised or performed by it under this chapter or any other law subject to48 the following:49 (a) Any resolution which delegates powers and duties relating to the50 assessment of special franchises, the approval of assessments of state51 lands subject to taxation, and the establishment of state equalization52 rates pursuant to article twelve of this chapter shall be adopted annu-53 ally. Any such resolution shall specify the assessment rolls for which54 said delegation is made and shall set forth the full value standard55 which shall be used. However, no such resolution may delegate the power56 to make a final determination in a matter in which a complaint has been

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1 filed pursuant to articles six and twelve of this chapter; provided,2 however, that the power to adjust a final special franchise assessment3 which is affected by a special equalization rate established pursuant to4 section twelve hundred twenty-two of this chapter may be delegated5 whether or not a complaint has been filed pursuant to article six of6 this chapter. The executive director shall report to the members of the7 board all actions taken pursuant to any such resolution within ten days8 of taking said actions. Within ten days of receipt of the report of the9 executive director, if any member of the board has an objection, a meet-10 ing of the board shall be convened for the purpose of considering the11 objection. Failure to make a report shall not, however, affect the12 legality of any such actions.13 (b) Any resolution which delegates powers and duties relating to the14 establishment of special state equalization rates pursuant to sections15 eight hundred six and thirteen hundred fourteen of this chapter and16 special equalization ratios pursuant to articles twelve-A and twelve-B17 of this chapter and certifications of changes in the level of assessment18 pursuant to this chapter or any other law shall prescribe the policies19 or criteria to be observed in the exercise of such powers and duties by20 the officer or employee to whom they are delegated. However, no such21 resolution may delegate the power to make a final determination in a22 matter in which a complaint has been filed pursuant to articles twelve-A23 and twelve-B of this chapter.]24 4. Any records that come into the commissioner's custody in the course______________________________________________________________________25 of discharging the duties imposed upon him or her by this chapter shall________________________________________________________________________26 be subject to public access to the full extent provided by this chapter________________________________________________________________________27 and the public officers law, and shall not be subject to the secrecy________________________________________________________________________28 provisions of the tax law.__________________________29 § 7. The real property tax law is amended by adding two new sections30 204 and 206 to read as follows:31 § 204. Office of real property tax services. There is hereby created______________________________________________________________________32 within the department of taxation and finance an office of real property________________________________________________________________________33 tax services. The head of the office shall be a deputy commissioner for________________________________________________________________________34 real property tax services, who shall be appointed by the governor. The________________________________________________________________________35 deputy commissioner for real property tax services shall exercise such________________________________________________________________________36 powers and duties in relation to real property tax administration as may________________________________________________________________________37 be delegated to him or her by the commissioner, shall report directly to________________________________________________________________________38 the commissioner on the activities of the office, and shall hold office________________________________________________________________________39 at the pleasure of the commissioner. The commissioner may appoint such________________________________________________________________________40 officers, employees, agents, consultants and special committees as he or________________________________________________________________________41 she may deem necessary to carry out the provisions of this chapter, and________________________________________________________________________42 shall prescribe their duties._____________________________43 § 206. Reviews of certain determinations. 1. The tax appeals tribunal______________________________________________________________________44 shall have the following powers in relation to real property tax admin-________________________________________________________________________45 istration:__________46 (a) The power to determine the final special franchise value, special______________________________________________________________________47 franchise assessment, railroad ceiling, state equalization rate or any________________________________________________________________________48 other equalization product established pursuant to this chapter for________________________________________________________________________49 which a complaint has been filed, as provided by sections four hundred________________________________________________________________________50 eighty-nine-o, four hundred eighty-nine-ll, six hundred fourteen, twelve________________________________________________________________________51 hundred ten, twelve hundred fifty-three, and twelve hundred sixty-three________________________________________________________________________52 of this chapter;________________53 (b) The power to hear and determine reviews relating to determinations______________________________________________________________________54 made by county equalization agencies, as provided by sections eight________________________________________________________________________55 hundred sixteen and eight hundred eighteen of this chapter.___________________________________________________________

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1 2. The provisions of section five hundred twenty-five of this chapter______________________________________________________________________2 shall apply so far as practicable to a hearing conducted by the tax________________________________________________________________________3 appeals tribunal pursuant to this chapter.__________________________________________4 § 8. Section 216 of the real property tax law, as added by chapter 4905 of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws6 of 1990, is amended to read as follows:7 § 216. Powers of [board] commissioner upon neglect or refusal of offi-____________8 cials to perform duties. 1. Whenever it appears to the satisfaction of9 the [state board] commissioner that any assessor or other public offi-____________10 cer, employee or board of assessment review whose duties relate directly11 to real property tax administration has failed to comply with the12 provisions of this chapter or any other law relating to such duties, or13 the rules and regulations of the [board] commissioner made pursuant____________14 thereto, after a hearing on the facts, the [board] commissioner may____________15 issue an order directing such assessor, officer, employee or board of16 assessment review to comply with such law, rule or regulation.17 2. If any assessor or other public officer, employee or board of18 assessment review whose duties relate directly to real property tax19 administration shall [wilfully] willfully and intentionally refuse or_________20 neglect to perform any duty or do any act required by or pursuant to21 this chapter, in addition to any other penalty provided by law, such22 assessor, public officer, employee or member of a board of assessment23 review shall forfeit to the municipal corporation of which such asses-24 sor, public officer, employee or member is an officer a sum not to25 exceed fifty dollars for each [wilful] willful and intentional_______26 violation, which may be recovered by the [state board] commissioner.____________27 3. Where a property owner is, in a proceeding conducted pursuant to28 this section, found to be directly affected by the violation of state29 law or rule, the [board] commissioner in its order shall establish____________30 procedures by which an assessor, officer, employee or board of assess-31 ment review whose duties relate directly to real property tax adminis-32 tration, whether or not a party to the proceeding, shall remedy the33 failure to comply with such state law or rules with respect to an34 assessment roll filed not more than three years prior to the commence-35 ment of the proceeding. Such remedy may include reconvening the board of36 assessment review, identifying the class of persons eligible to complain37 when the board of assessment review reconvenes, and issuing instructions38 to such board of assessment review on the law and any documentation39 required of eligible complainants in relation to the findings of the40 [state board] commissioner. A copy of such order shall be mailed to such____________41 assessor, officer, employee or board of assessment review and to each42 municipal corporation which utilizes such assessment roll. Such order43 shall, where appropriate, require the assessing unit to mail a copy of44 the order to each eligible complainant whose name and address is readily45 ascertainable from the record of the proceeding.46 4. (a) Where the [state board] commissioner has ordered the board of____________47 assessment review to reconvene to receive complaints, a copy of the48 order shall be mailed by the assessing unit to each eligible complain-49 ant, which mailing shall be accompanied by the form prescribed by the50 [state board] commissioner for complaints on tentative assessments or____________51 such other form as may be prescribed [by the state board] for such52 purpose. Included with such order and form shall be a notice stating the53 date, time and place at which the board of assessment review will recon-54 vene. This material shall be mailed to the eligible complainant no later55 than fifteen days prior to the meeting of the board of assessment56 review. On the date and time specified in such notice, the board of

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1 assessment review will reconvene to hear any complaints filed pursuant2 to such order and shall have the powers and duties set forth in section3 five hundred twenty-five of this chapter, except that it may receive4 only complaints with respect to assessments of those parcels to which5 the [state board's] commissioner's order applies. A petition for review______________6 of the assessment of such property pursuant to either title one or one-A7 of article seven of this chapter may be filed no later than thirty days8 after the determination of the board of assessment review is mailed to9 the petitioner, notwithstanding the provisions of section seven hundred10 two or seven hundred thirty of this chapter.11 (b) The assessor shall correct the assessment roll upon receipt of the12 verified statement of changes from the board of assessment review. If13 the assessor no longer has custody of the assessment roll when such14 verified statement is received, he or she shall forward a copy of such15 verified statement and a copy of the [state board's] commissioner's______________16 order to the person having custody of the assessment roll or tax roll,17 which person shall thereupon make the appropriate corrections. The18 assessor shall also forward a copy of the verified statement of changes19 to the clerk of each tax levying body which levies taxes on such assess-20 ment roll.21 (c) Where a tax, special assessment or special ad valorem levy has22 been paid prior to the correction of the tax roll pursuant to this23 section and the order of the board of assessment review results in a24 reduction of the tax liability of a parcel, the tax levying body shall25 refund to the person who paid such tax, special assessment or special ad26 valorem levy the amount which exceeds the tax, special assessment, or27 special ad valorem levy due upon the corrected tax roll. Any such refund28 shall be a charge upon each municipal corporation or special district to29 the extent that the taxes, special assessments or special ad valorem30 levies were levied on its behalf or as is otherwise provided by law with31 respect to Nassau and Suffolk counties; provided, however, that no32 application need be made by the petitioner for such refund. The verified33 statement of changes provided to the clerk of the tax district shall34 constitute an application for refund for the purposes of this section.35 Where a refund is not made within ninety days of the receipt of the36 verified statement of changes, interest in the amount of one percent per37 month shall be added to the amount to be refunded for each month or part38 thereof in excess of ninety days and paid to the property owner.39 (d) Where taxes, special assessments or special ad valorem levies have40 been levied prior to the correction of the tax roll pursuant to this41 section and the verified statement of changes of the board of assessment42 review results in an increase in the tax liability of a parcel or the43 imposition of a tax liability upon a parcel, the additional tax, special44 assessment, or special ad valorem levy shall be levied, collected and45 accounted for as provided in the [state board's] commissioner's order.______________46 (e) The provisions of title three of article five of this chapter47 shall apply as far as practicable to the correction of an assessment48 roll or tax roll and, if applicable, to a refund of taxes pursuant to49 this section; provided however that no application, except as provided50 herein, need be made for such correction or refund.51 5. If an assessor, or other public officer, employee or board of52 assessment review whose duties relate directly to real property tax53 administration fails or refuses to comply with the [state board's]54 commissioner's order within ten days after service of such order or______________55 within such time as is prescribed by the [state board] commissioner for____________56 compliance with its order, the [state board] commissioner may commence a____________

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1 special proceeding pursuant to article four of the civil practice law2 and rules to compel compliance with such order. Such special proceeding3 shall be commenced by the counsel to the [state board] department of_____________4 taxation and finance, except that the attorney general of the state______________________5 shall commence such proceeding on behalf of the [state board] department__________6 if he or she deems it necessary.7 § 9. Section 324 of the real property tax law, as added by chapter 3618 of the laws of 1986, is amended to read as follows:9 § 324. Local disciplinary actions. An assessor may be removed from10 office for just cause by the appointing authority after a hearing upon11 notice. A determination to remove an assessor or take other disciplinary12 action as a result of the removal proceeding against an assessor shall13 be subject to review by the [state board] civil service commission upon________________________14 application filed with [such board] the civil service commission by the____________________________15 assessor within thirty days after receipt by him or her of written16 notice of such determination. The review by the [state board] civil_____17 service commission shall be based upon the record and a transcript of___________________18 the hearing held by the appointing authority and such oral or written19 argument as may be presented to [such board] the civil service commis-_________________________20 sion by the parties to the proceeding. Upon completion of such review____21 the [state board] civil service commission shall affirm, reverse or__________________________22 modify the determination of the appointing authority. The determination23 of the [state board] civil service commission shall be subject to judi-________________________24 cial review in accordance with the provision of article seventy-eight of25 the civil practice law and rules.26 § 10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4 of27 section 425 of the real property tax law, subparagraph (iv) as amended28 by section 3 of part E of chapter 83 of the laws of 2002, subparagraph29 (v) as amended by chapter 631 of the laws of 2006, are amended to read30 as follows:31 (iv) Effective with applications for the enhanced exemption on final32 assessment rolls to be completed in two thousand three, the application33 form shall indicate that the owners of the property and any owners'34 spouses residing on the premises may authorize the assessor to have35 their income eligibility verified annually thereafter by the state36 department of taxation and finance, in lieu of furnishing copies of the37 applicable income tax return or returns with the application. If the38 owners of the property and any owners' spouses residing on the premises39 elect to participate in this program, which shall be known as the STAR40 income verification program, they must furnish their taxpayer identifi-41 cation numbers in order to facilitate matching with records of the42 department [of taxation and finance]. Thereafter, their income eligibil-43 ity shall be verified annually by the [state] department [of taxation44 and finance] and the assessor shall not request income documentation45 from them, unless such department advises the assessor [through the46 state board] that they do not satisfy the applicable income eligibility47 requirements, or that it is unable to determine whether they satisfy48 those requirements.49 (v) (A) Except in the case of a city with a population of one million50 or more, the assessor shall forward to the [state board] department, in__________51 the time and manner required by the [state board] department, informa-__________52 tion identifying the persons who have elected to participate in the STAR53 income verification program. [The state board shall forward such infor-54 mation to the department of taxation and finance in the manner provided55 by the agreement executed pursuant to section one hundred seventy-one-o56 of the tax law, and shall notify the assessor of the response or

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1 responses it receives from such department pursuant to such agreement.]2 After receiving [such] the department's response or responses, the_________________3 assessing authority shall cause notices to be mailed to participants as4 provided by paragraph (b) of subdivision five of this section. Informa-5 tion [obtained by the state board] provided to the department identify-__________________________6 ing such persons, and responses obtained from such department shall be7 confidential and shall not be subject to disclosure under article six of8 the public officers law.9 (B) In the case of a city of one million or more, the assessor shall10 forward to the department of taxation and finance, in the time and11 manner required by the department, information identifying the persons12 who have elected to participate in the STAR income verification program.13 The department shall advise the assessor of its findings in the manner14 provided by the agreement executed pursuant to section one hundred15 seventy-one-o of the tax law. After receiving such response or16 responses, the assessing authority shall cause notices to be mailed to17 participants as provided by paragraph (b) of subdivision five of this18 section. Information [obtained by the state board] provided to the_________________19 department identifying such persons, and responses obtained from such__________20 department shall be confidential and shall not be subject to disclosure21 under article six of the public officers law.22 § 11. The opening paragraph of paragraph (b) of subdivision 5 of23 section 425 of the real property tax law, as amended by chapter 742 of24 the laws of 2005, is amended to read as follows:25 Informational notice for participants in the STAR income verification26 program. In the case of a parcel which is owned by an owner or owners27 who have elected to participate in the STAR income verification program,28 the assessing authority shall cause a notice, preferably on a postcard,29 to be mailed to such owner or owners after the assessor has been noti-30 fied of their income eligibility by the department [of taxation and31 finance through the state board]. Each such notice shall be mailed with-32 out restrictions upon forwarding or delivery, and shall contain, in33 language prescribed by the [state board] department, the substance of__________34 one of the following statements, whichever is appropriate:35 § 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-36 erty tax law, as amended by section 9 of part E of chapter 83 of the37 laws of 2002, is amended to read as follows:38 (a) Generally. In addition to discontinuing the exemption on the next39 ensuing tentative assessment roll, if the assessor determines that the40 property improperly received the exemption on one or more of the three41 preceding assessment rolls, or is advised by the department [of taxation42 and finance through the state board] that the applicable income standard43 was not satisfied with regard to a property which received the enhanced44 exemption on one or more of those rolls, he or she shall proceed to45 revoke the improperly granted prior exemption or exemptions. If the46 assessor is advised [through the state board] that the department [of47 taxation and finance] was unable to verify the income eligibility of one48 or more participants in the income verification program, the assessor49 shall mail that person or those persons a notice in a form prescribed by50 the [state board] department requesting that the person or persons docu-__________51 ment their income in the same manner and to the same extent as if the52 person or persons were submitting an initial application for the53 enhanced STAR exemption. If such income documentation is not provided54 within forty-five days of such request, or if the documentation provided55 does not establish the eligibility of the person or persons to the56 assessor's satisfaction, the assessor shall treat the exemption as an

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1 improperly granted exemption and proceed in the manner provided by this2 subdivision.3 § 13. Section 489-o of the real property tax law, as added by chapter4 86 of the laws of 1963, subdivision 2 as amended by chapter 735 of the5 laws of 1983, and subdivision 3 as added by chapter 841 of the laws of6 1986, is amended to read as follows:7 § 489-o. Final determination of railroad ceiling; certificate. 1.8 After the hearing provided for in section four hundred eighty-nine-n of9 this [chapter] title, the [state board] tax appeals tribunal shall_____ ______________________10 finally determine the railroad ceiling for the railroad real property of11 each railroad company situated in each assessing unit. Whenever upon12 complaint the [state board] tax appeals tribunal shall revise the local____________________13 reproduction cost of a railroad company in an assessing unit, it shall14 revise the railroad ceiling therefor to reflect such revision, but it15 shall not, on account of such revision, modify any other determination16 with respect to the railroad ceilings for such railroad company for such17 year. Notwithstanding the fact that no complaint shall have been filed18 with respect to a tentative determination of a railroad ceiling, the19 [state board] tax appeals tribunal shall give effect to any special____________________20 equalization rate established, pursuant to subdivision two of section21 four hundred eighty-nine-l of this [chapter] title prior to the final_____22 determination of the railroad ceiling.23 2. Not later than ten days before the last date prescribed by law for24 the levy of taxes, the state board shall file a certificate setting25 forth each railroad ceiling as finally determined with the assessor of26 the appropriate assessing unit or the town or county assessor who27 prepares a copy of the applicable part of the town or county assessment28 roll for village tax purposes as provided in subdivision three of29 section fourteen hundred two of this chapter, and at the same time30 shall transmit to each railroad company for which such ceiling has been31 determined a duplicate copy of such certificate.32 3. Any final determination of a railroad ceiling by the [state board]33 tax appeals tribunal pursuant to subdivision one of this section shall______________________34 be subject to judicial review in a proceeding under article seventy-35 eight of the civil practice law and rules.36 § 14. Section 489-ll of the real property tax law, as added by chapter37 920 of the laws of 1977, subdivision 2 as amended by chapter 735 of the38 laws of 1983, subdivision 3 as added by chapter 841 of the laws of 1986,39 is amended to read as follows:40 § 489-ll. Final determination of railroad ceiling; certificate. 1.41 After the hearing provided for in section four hundred eighty-nine-kk of42 this [chapter] title, the [state board] tax appeals tribunal shall_____ ____________________43 finally determine the railroad ceiling for the railroad real property of44 each railroad company situated in each assessing unit. Whenever upon45 complaint the [state board] tax appeals tribunal shall revise the local____________________46 reproduction cost of a railroad company in an assessing unit, it shall47 revise the appropriate railroad ceiling to reflect such revision, but it48 shall not, on account of such revision, modify any other determination49 with respect to the railroad ceilings for such railroad company for such50 year. Notwithstanding the fact that no complaint shall have been filed51 with respect to a tentative determination of a railroad ceiling, the52 [state board] tax appeals tribunal shall give effect to any special____________________53 equalization rate established pursuant to subdivision two of section54 four hundred eighty-nine-jj of this [chapter] title prior to the final_____55 determination of the railroad ceiling.

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1 2. Not later than ten days before the last date prescribed by law for2 the levy of taxes, the [state board] tax appeals tribunal shall file a____________________3 certificate setting forth each railroad ceiling as finally determined4 with the assessor of the appropriate assessing unit or the town or coun-5 ty assessor who prepares a copy of the applicable part of the town or6 county assessment roll for village tax purposes as provided in subdivi-7 sion three of section fourteen hundred two of this chapter, and at the8 same time shall transmit to each railroad company for which such ceiling9 has been determined a duplicate copy of such certificate.10 3. Any final determination of a railroad ceiling by the [state board]11 tax appeals tribunal pursuant to subdivision one of this section shall______________________12 be subject to judicial review in a proceeding under article seventy-13 eight of the civil practice law and rules.14 § 15. Section 614 of the real property tax law is amended to read as15 follows:16 § 614. Determination of final assessment of special franchises.17 After [the hearing of complaints, if any, as provided in] receiving the_____________18 commissioner's report regarding any complaint filed pursuant to section_______________________________________________________________19 six hundred twelve of this [chapter] article, the [state board] tax_______ ___20 appeals tribunal shall determine the final assessment of each special________________21 franchise.22 § 16. Subdivision 2 of section 740 of the real property tax law, as23 added by chapter 732 of the laws of 1983, is amended to read as follows:24 2. A petition and notice shall be served by delivering two copies to25 [a member of the state board] the commissioner or to an officer or________________26 employee authorized by [the board] him or her to accept service, not__________27 more than sixty days after the written notice of the final assessment28 prescribed by section six hundred eighteen of this chapter has been29 served. Where a proceeding is commenced by an assessing unit in which a30 special franchise is situated, an additional copy shall be filed by the31 petitioner with the owner of that special franchise. Where a proceeding32 is commenced by a special franchise owner, the petitioner, within ten33 days after service, shall file an additional copy with the clerk of the34 city, town or village and with the clerk of the school district in which35 that special franchise is situated except a school district governed by36 the provisions of article fifty-two of the education law.37 § 17. Section 1210 of the real property tax law, as amended by chapter38 355 of the laws of 1990, is amended to read as follows:39 § 1210. Establishment of final state equalization rates, class ratios40 and class equalization rates. After [hearing the complaints, if any, as41 provided in] receiving the commissioner's report regarding any complaint___________________________________________________________42 filed pursuant to section twelve hundred eight of this [chapter] title,__________________ _____43 the [state board] tax appeals tribunal shall establish the final state____________________44 equalization rate, class ratios, and class equalization rates, if45 required, for each city, town, village, special assessing unit, or46 approved assessing unit or eligible non-assessing unit village which has47 adopted the provisions of section nineteen hundred three of this chap-48 ter.49 § 18. Section 1218 of the real property tax law, as amended by chapter50 685 of the laws of 2004, is amended to read as follows:51 § 1218. Review of final determinations of [state board] tax appeals____________52 tribunal relating to state equalization rates. A final determination of________53 the [state board] tax appeals tribunal relating to state equalization____________________54 rates may be reviewed by commencing an action in the appellate division55 of the supreme court in the manner provided by article seventy-eight of56 the civil practice law and rules upon application of the county, city,

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1 town or village for which the rate or rates were established. The stand-2 ard of review in such a proceeding shall be as specified in subdivision3 four of section seventy-eight hundred three of the civil practice law4 and rules. Whenever a final order is issued in such a proceeding5 directing a revised state equalization rate, any county, village or6 school district that used the former rate in the apportionment of taxes7 must, upon receipt of such final order, recalculate the levy that used8 such former rate and credit or debit as appropriate its constituent9 municipalities in its next levy. Any special franchise assessments that10 were established using the former rate must, upon receipt of such final11 order, be revised by the [state board] tax appeals tribunal in accord-____________________12 ance with the new rate, and, if taxes have already been levied upon such13 assessments, the affected special franchise owners shall either automat-14 ically receive a refund if there is a decrease or be taxed on an15 increase in the next levy in the manner provided for omitted parcels in16 title three of article five of this chapter.17 § 19. Subdivision (e) of section 15 of the tax law, as amended by18 chapter 161 of the laws of 2005, is amended to read as follows:19 (e) Eligible real property taxes. The term "eligible real property20 taxes" means taxes imposed on real property which is owned by the QEZE21 and located in an empire zone with respect to which the QEZE is certi-22 fied pursuant to article eighteen-B of the general municipal law,23 provided such taxes are paid by the QEZE which is the owner of the real24 property or are paid by a tenant which either (i) does not meet the25 eligibility requirements under section fourteen of this article to be a26 QEZE or (ii) cannot treat such payment as eligible real property taxes27 pursuant to this paragraph and such taxes become a lien on the real28 property during a taxable year in which the owner of the real property29 is both certified pursuant to article eighteen-B of the general munici-30 pal law and a qualified empire zone enterprise. In addition, "eligible31 real property taxes" shall include taxes paid by a QEZE which is a32 lessee of real property if the following conditions are satisfied: (1)33 the taxes must be paid by the lessee pursuant to explicit requirements34 in a written lease executed or amended on or after June first, two thou-35 sand five, (2) such taxes become a lien on the real property during a36 taxable year in which the lessee of the real property is both certified37 pursuant to article eighteen-B of the general municipal law and a quali-38 fied empire zone enterprise, and (3) the lessee has made direct payment39 of such taxes to the taxing authority and has received a receipt for40 such payment of taxes from the taxing authority. In addition, the term41 "eligible real property taxes" includes payments in lieu of taxes made42 by the QEZE to the state, a municipal corporation or a public benefit43 corporation pursuant to a written agreement entered into between the44 QEZE and the state, municipal corporation, or public benefit corpo-45 ration. Provided, however, a payment in lieu of taxes made by the QEZE46 pursuant to a written agreement executed or amended on or after January47 first, two thousand one, shall not constitute eligible real property48 taxes in any taxable year to the extent that such payment exceeds the49 product of (A) the greater of (i) the basis for federal income tax50 purposes, calculated without regard to depreciation, determined as of51 the effective date of the QEZE's certification pursuant to article eigh-52 teen-B of the general municipal law of real property, including build-53 ings and structural components of buildings, owned by the QEZE and54 located in empire zones with respect to which the QEZE is certified55 pursuant to such article eighteen-B of the general municipal law, and56 provided that if such basis is further adjusted or reduced pursuant to

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1 any provision of the internal revenue code, the QEZE may petition the2 department[,] and the department of economic development [and the office___3 of real property services] to disregard such reduction or adjustment for4 the purpose of this subdivision or (ii) the basis for federal income tax5 purposes of such real property described in clause (i) of this subpara-6 graph, calculated without regard to depreciation, on the last day of the7 taxable year, and provided that if such basis is further adjusted or8 reduced pursuant to any provision of the internal revenue code, the QEZE9 may petition the department, the department of economic development and10 the office of real property services to disregard such reduction or11 adjustment for the purpose of this subdivision; and (B) the estimated12 effective full value tax rate within the county in which such property13 is located, as most recently [reported to] calculated by the commission-_____________14 er [by the secretary of the state board of real property services, or15 his or her designee]. The [state board] commissioner shall annually____________16 calculate estimated effective full value tax rates within each county17 for this purpose based upon the most current information available to18 [it] him or her in relation to county, city, town, village and school____________19 district taxes.20 § 20. Paragraph 5 of subdivision (b) of section 22 of the tax law, as21 amended by section 4 of part H of chapter 577 of the laws of 2004, is22 amended to read as follows:23 (5) Eligible real property taxes. The term "eligible real property24 taxes" means taxes imposed on real property which consists of a quali-25 fied site owned by the developer, provided such taxes become a lien on26 the real property in a period during which the real property is a quali-27 fied site. In addition, the term "eligible real property taxes" includes28 payments in lieu of taxes by the developer, with respect to a qualified29 site, to the state, a municipal corporation or a public benefit corpo-30 ration pursuant to a written agreement entered into between the develop-31 er and the state, a municipal corporation or a public benefit corpo-32 ration. Provided, however, such a payment in lieu of taxes shall not33 constitute eligible real property taxes in any taxable year to the34 extent that such payment exceeds the product of (A) the greater of (i)35 the basis for federal income tax purposes, determined on the date the36 taxpayer becomes a developer as defined under this section, of real37 property, including buildings and structural components of buildings,38 owned by the developer and located on a qualified site with respect to39 which the taxpayer is a developer, or (ii) the basis for federal income40 tax purposes of such real property described in clause (i) of this41 subparagraph on the last day of the taxable year, and (B) the estimated42 effective full value tax rate within the county in which such property43 is located, as most recently [reported to] calculated by the commission-_____________44 er [by the secretary of the state board of real property services, or45 his or her designee]. The [state board] commissioner shall annually____________46 calculate estimated and effective full value tax rates within each coun-47 ty for this purpose based upon the most current information available to48 [it] him or her in relation to county, city, town, village and school____________49 district taxes. Provided further, where the amount of the credit deter-50 mined under paragraph two of this subdivision is the total product of51 the factors and tax specified therein, the term "eligible real property52 taxes" under this paragraph shall apply only to taxes imposed on real53 property which is attributed to a qualified site located in an environ-54 mental zone. Where the developer is a partner in a partnership or a55 shareholder in a New York S corporation, such real property shall be56 owned by the partnership or the New York S corporation, respectively.

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1 § 21. Subdivision twenty-fifth of section 171 of the tax law, as2 amended by chapter 170 of the laws of 1994, paragraph a as amended by3 section 93 of part A of chapter 436 of the laws of 1997, paragraph b as4 amended and paragraph c as added by chapter 474 of the laws of 1996, is5 amended to read as follows:6 Twenty-fifth. a. With respect to the income to be used in the computa-7 tion of school aid payable in the school year nineteen hundred ninety-8 four--ninety-five and thereafter, be required to design, develop and9 implement a permanent computerized statewide school district address10 match and income verification system in regard to each school district's11 valuation of total New York adjusted gross income as determined by the12 department, for use in determining state aid to education. The depart-13 ment shall promulgate rules and regulations to effect the provisions of14 this paragraph within ninety days of the enactment of the chapter of the15 laws of nineteen hundred ninety-four amending this paragraph. Commencing16 September first, nineteen hundred ninety-seven, the commissioner[,] and___17 the commissioner of education[, and the executive director of the office18 of real property services], subject to the approval of the director of19 the budget shall be required to enter into a cooperative agreement by20 September first of each year, which will govern the validation and21 correction and completion of the total New York adjusted gross income of22 school districts until September first of the following year. Such23 agreement shall include, but not be limited to: (i) procedures to24 improve the accuracy of school district income data, in a manner which25 gives appropriate recognition to computerized processing capabilities,26 administrative feasibility of manual processes and confidentiality27 implications; (ii) procedures to verify the school district codes28 reported by taxpayers; (iii) procedures to correct identified inaccura-29 cies; (iv) procedures to assign school district codes based on the30 permanent residence addresses of taxpayers who failed to complete the31 school district code; (v) the schedule for the transmittal of electronic32 data between the agencies, as necessary, to implement such system; and33 (vi) beginning in the nineteen hundred ninety-six state fiscal year,34 procedures for the review process provided for in paragraph c of this35 subdivision. All state departments and agencies, and school districts36 and other local governments and agencies, shall cooperate with the37 parties to such agreement in its implementation.38 b. 1. [With respect to income used in the computation of school aid39 payable in the school years nineteen hundred ninety-four--ninety-five40 through nineteen hundred ninety-seven--ninety-eight, be required to41 design, develop and implement a process whereby school districts may42 request a review of the assignment of taxpayer addresses to their school43 district. In addition to the cooperative agreement developed pursuant to44 paragraph a of this subdivision between the commissioner, the commis-45 sioner of education and the director of the office of real property46 services, the parties shall enter into a second cooperative agreement to47 establish procedures for such a review process. Such procedures shall48 include but not be limited to: (i) general criteria to be used for the49 purpose of evaluating suspected inaccuracies in the assignment of tax50 returns to school districts; (ii) a process for rating the requests for51 review, giving appropriate recognition to the relative incidence of52 suspected inaccuracies, the relative effect of suspected inaccuracies on53 the aggregate income, income per return and relative income per pupil of54 the school district, and the relative effect of suspected inaccuracies55 on state aid payable to the school district pursuant to the education56 law; (iii) a process for identifying the school districts for partic-

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1 ipation in the review process from the rated list of applicants; (iv)2 processes by which addresses assigned to identified school districts3 will be reviewed and by which corrections to inaccuracies will be iden-4 tified; (v) a process by which corrections to inaccurate assignments5 will be made to appropriate files; and (vi) deadlines by which school6 districts must submit requests for review to the commissioner of educa-7 tion and timelines for each of the procedures included in the agreement.8 2. School districts requesting a review in accordance with the9 provisions of this paragraph shall be required, in consultation with the10 district superintendent of schools for the supervisory district in which11 the school district is located, appointed pursuant to section nineteen12 hundred fifty of the education law, to submit to the commissioner of13 education evidence in support of a contention that the assignment of tax14 returns to their district is inaccurate. Identified school districts may15 be required to review ordered listings, prepared by the department or16 the office of real property services or an authorized vendor contracted17 by the department, of the permanent resident address of selected taxpay-18 ers who filed personal income tax returns with the department reporting19 a school district code or address which indicates that the taxpayer was20 a resident of such identified school district at the close of the taxa-21 ble year for which the return was filed. In no case shall ordered22 address listings for school district review include those addresses23 which the school district had the opportunity to review pursuant to24 paragraph a of this subdivision. District superintendents of schools25 appointed pursuant to section nineteen hundred fifty of the education26 law, having an identified school district within their supervisory27 district, shall be required to verify any suspected inaccuracies indi-28 cated by an identified district as a result of the district's review of29 ordered address listings pursuant to this paragraph.30 3.] Any correction, pursuant to this paragraph, of verified inaccura-31 cies of income data shall only result in the removal of such returns32 from the identified school district.33 [4.] 2. All state departments and agencies, and school districts and__34 other local governments and agencies, shall cooperate with the parties35 to such agreement in the implementation of the review process provided36 pursuant to this paragraph.37 c. 1. With respect to income used in the computation of school aid38 payable in the school years nineteen hundred ninety-eight--ninety-nine39 and thereafter, be required to design, develop and implement a process40 whereby school districts may request a review of the assignment of41 taxpayer addresses to their school district. Procedures for such a42 review process shall be included in the cooperative agreement entered43 into pursuant to paragraph a of this subdivision.44 2. School districts requesting a review in accordance with the45 provisions of this paragraph shall be required, in consultation with the46 district superintendent of schools for the supervisory district in which47 the school district is located, appointed pursuant to section nineteen48 hundred fifty of the education law, to submit to the commissioner of49 education evidence in support of a contention that the assignment of tax50 returns to their district is inaccurate. Identified school districts may51 be required to review ordered listings, prepared by the department [or52 the office of real property services] or an authorized vendor contracted53 by the department, of the permanent resident address of selected taxpay-54 ers who filed personal income tax returns with the department reporting55 a school district code or address which indicates that the taxpayer was56 a resident of such identified school district at the close of the taxa-

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1 ble year for which the return was filed. In no case shall ordered2 address listings for school district review include those addresses3 which the school district had the opportunity to review pursuant to4 paragraph a of this subdivision. District superintendents of schools5 appointed pursuant to section nineteen hundred fifty of the education6 law, having an identified school district within their supervisory7 district, shall be required to verify any suspected inaccuracies indi-8 cated by an identified district as a result of the district's review of9 ordered address listings pursuant to this paragraph.10 3. Any correction, pursuant to this paragraph, of verified inaccura-11 cies of income data shall only result in the removal of such returns12 from the identified school district.13 4. All state departments and agencies, and school districts and other14 local governments and agencies, shall cooperate with the parties to such15 agreement in the implementation of the review process provided pursuant16 to this paragraph.17 § 22. Section 171-o of the tax law, as amended by chapter 631 of the18 laws of 2006, is amended to read as follows:19 § 171-o. Income verification for [the state board of real property20 services and] a city with a population of one million or more. (1) The21 department shall enter into an agreement with [the state board of real22 property services to verify, to the extent practicable, whether persons23 described in paragraph (b) of subdivision four of section four hundred24 twenty-five of the real property tax law meet the income eligibility25 requirements prescribed therein for the applicable income tax year,26 beginning with the income tax year ending in two thousand two. The27 department shall also enter into an agreement with] a city with a popu-28 lation of one million or more to verify, to the extent practicable,29 whether persons described in paragraph (b) of subdivision four of30 section four hundred twenty-five of the real property tax law meet the31 income eligibility requirements prescribed therein for the applicable32 income tax year, beginning with the income tax year ending in two thou-33 sand five. The department shall advise the [state board of real property34 services, or] city[, as the case may be,] of its findings, stating in35 each case either that such person or persons do or do not satisfy such36 requirements, or that the eligibility of such person or persons cannot37 be verified, whichever is appropriate. The department shall not provide38 any other information about the income of such persons to the [state39 board of real property services or] city.40 (2) The provisions of article six of the public officers law shall not41 apply to any information that the department obtains from or provides to42 the [state board of real property services or] city pursuant to this43 section.44 (3) Any information furnished by the department pursuant to this45 section shall be deemed confidential and the assessor, any municipal46 officer or municipal employees are prohibited from disclosing any such47 information, except for any disclosure necessary in the performance of48 their official duties in connection with the school tax relief (STAR)49 exemption pursuant to section four hundred twenty-five of the real prop-50 erty tax law. Any unauthorized disclosure of such information shall be51 deemed a violation of section eight hundred five-a of the general munic-52 ipal law.53 § 23. Paragraph 12 of subsection (e) of section 606 of the tax law is54 REPEALED.

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1 § 24. Paragraphs 3, 4 and 5 of subsection (k) of section 697 of the2 tax law, as amended by chapter 237 of the laws of 1995, are amended to3 read as follows:4 [(3) Notwithstanding the provisions of subsection (e) of this section,5 the department or authorized vendor contracted by the department shall6 furnish annually, as required pursuant to subdivision twenty-fifth of7 section one hundred seventy-one of this chapter, to the executive direc-8 tor of the office of real property services, electronic file transfers9 of the permanent residence address of each taxpayer who has filed a10 personal income tax return with the department. Such transfers shall be11 in accordance with the schedule established pursuant to the agreement12 developed in accordance with paragraph d of subdivision twenty-fifth of13 section one hundred seventy-one of this chapter. Similarly, the office14 of real property services shall, subject to the availability of funds15 appropriated for this purpose, verify or correct or determine the school16 district for each such residence address provided by the department and17 shall return such updated data to the department in accordance with the18 provisions of such agreement.]19 (4) Notwithstanding the provisions of subsection (e) of this section,20 the department [or the office of real property services] or an author-21 ized vendor contracted by the department shall furnish, as required22 pursuant to subdivision twenty-fifth of section one hundred seventy-one23 of this chapter, to the superintendents of schools of identified school24 districts and district superintendents of schools appointed pursuant to25 section nineteen hundred fifty of the education law, having an identi-26 fied school district within their supervisory district, an ordered list-27 ing, for such identified school districts electing to participate in the28 appeals process for a limited school district address review validation29 and correction process.30 (5) The information provided pursuant to this section and subdivision31 twenty-fifth of section one hundred seventy-one of this chapter shall be32 used solely for the purpose of verifying the legal residence and school33 district of a taxpayer in determining the distribution of state aid for34 education and such information may only be disclosed by such commission-35 er, [director,] superintendents and authorized vendor contracted by the36 department for such purposes to employees of the state education depart-37 ment, [employees of the state office of real property services] and to38 employees under the control of such superintendents. In addition,39 notwithstanding the provisions of subsection (e) of this section, the40 department may furnish to an authorized vendor contracted by the depart-41 ment the permanent resident address and school code data necessary for42 the implementation of the temporary school district address review vali-43 dation and correction process, the pilot computerized address match and44 income verification project, or the permanent computerized statewide45 school district address match and income verification system pursuant to46 subdivision twenty-fifth of section one hundred seventy-one of this47 chapter. Any violation of the provisions of this section shall be48 punishable in the manner provided for in subsection (e) of this section.49 Any information obtained by any agency or person pursuant to the50 provisions of this section shall not be deemed a "record", as defined in51 subdivision four of section eighty-six of the public officers law.52 § 25. Subdivision 3 of section 1564 of the tax law, as amended by53 chapter 17 of the laws of 2008, is amended to read as follows:54 3. An exemption from the tax which is equal to the median sales price55 of residential real property within the applicable town or city, as56 determined by the [office of real property services pursuant to proce-

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1 dures adopted for this purpose by the state board of real property2 services established pursuant to article two of the real property tax3 law] commissioner, shall be allowed on the consideration of the convey-____________4 ance of improved or unimproved real property or an interest therein.5 § 26. This act shall take effect immediately.

6 PART X

7 Section 1. The real property tax law is amended by adding a new8 section 509 to read as follows:9 § 509. Property taxpayers' disclosure and assessment transparency act.______________________________________________________________________10 1. Notwithstanding the provisions of any general, special or local law________________________________________________________________________11 to the contrary, the assessors in towns, cities and counties having________________________________________________________________________12 power to assess property for tax purposes shall, not later than sixty________________________________________________________________________13 days prior to the date set by law for the filing of the tentative________________________________________________________________________14 assessment roll, provide to the state board in an electronic format the________________________________________________________________________15 following information:______________________16 (a) the preliminary assessment of each parcel on such tentative______________________________________________________________________17 assessment roll;________________18 (b) the level of assessment which the assessor expects to apply to______________________________________________________________________19 that roll;__________20 (c) the final assessment of the parcel, if any, on the prior year's______________________________________________________________________21 final assessment roll;______________________22 (d) the property address and tax map identification number of each______________________________________________________________________23 such parcel;____________24 (e) the date by which complaints may be filed relative to the tenta-______________________________________________________________________25 tive assessments that are to appear on the tentative assessment roll, if________________________________________________________________________26 other than the fourth Tuesday of May; and_________________________________________27 (f) the dates and times when the assessor will be available to discuss______________________________________________________________________28 preliminary assessments on an informal basis prior to the filing of the________________________________________________________________________29 tentative assessment roll, and the contact information which he or she________________________________________________________________________30 would like to be given to the general public._____________________________________________31 2. Not later than forty-five days prior to the date set by law for the______________________________________________________________________32 filing of the tentative assessment roll, the state board shall post on________________________________________________________________________33 its website a report pertaining to the assessing unit, which report________________________________________________________________________34 shall include at least the following information:_________________________________________________35 (a) For the tentative assessment roll:______________________________________36 (i) the preliminary assessment of each parcel on such tentative______________________________________________________________________37 assessment roll;________________38 (ii) the level of assessment which the assessor expects to apply to______________________________________________________________________39 that roll;__________40 (iii) the market value which each preliminary assessment represents,______________________________________________________________________41 and___42 (iv) the property address and tax map identification number of each______________________________________________________________________43 such parcel.____________44 (b) For the prior year's final assessment roll:_______________________________________________45 (i) the final assessment of each parcel, if any, on the prior year's______________________________________________________________________46 final assessment roll;______________________47 (ii) the state equalization rate which was applicable to that roll;___________________________________________________________________48 (iii) the full value which each such final assessment represented; and______________________________________________________________________49 (iv) the property address and tax map identification number of each______________________________________________________________________50 such parcel.____________51 (c) The dates and times when the assessor will be available to discuss______________________________________________________________________52 preliminary assessments on an informal basis prior to the filing of the________________________________________________________________________53 tentative assessment roll, together with the contact information which________________________________________________________________________54 he or she supplied to the state board.______________________________________

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1 (d) The date by which complaints may be filed relative to the tenta-______________________________________________________________________2 tive assessments that are to appear on the tentative assessment roll._____________________________________________________________________3 (e) A link to the most recent publication of the state board that______________________________________________________________________4 describes the process for seeking review of tentative assessments.__________________________________________________________________5 3. The state board shall publicize the posting of its report through______________________________________________________________________6 such reasonable means as may be at its disposal, including the distrib-________________________________________________________________________7 ution of media releases.________________________8 4. (a) The assessing unit shall make the data contained in the state______________________________________________________________________9 board's report available to the public at its municipal offices or if________________________________________________________________________10 there be none, at an alternative location designated by the governing________________________________________________________________________11 body, and at such other convenient places as may be designated by the________________________________________________________________________12 governing body. In addition, if the assessing unit maintains a website,________________________________________________________________________13 it shall post a link thereon to such data.__________________________________________14 (b) The assessing unit may publicize the availability of such data______________________________________________________________________15 through such reasonable means as may be at its disposal.________________________________________________________16 5. Where an assessment appearing on a tentative assessment roll is______________________________________________________________________17 greater than the preliminary assessment of the same parcel reported to________________________________________________________________________18 the state board pursuant to this section, the assessor shall mail a________________________________________________________________________19 notice to the property owner at least ten days prior to the date for________________________________________________________________________20 hearing complaints in relation to assessments. Such notice shall be________________________________________________________________________21 substantially in the same form as is prescribed by section five hundred________________________________________________________________________22 ten of this title.__________________23 6. Failure to post or otherwise provide any of the information______________________________________________________________________24 described by this section, in whole or in part, or failure of an owner________________________________________________________________________25 to receive the same shall not prevent the levy, collection and enforce-________________________________________________________________________26 ment of the payment of the taxes on such real property._______________________________________________________27 7. The state board may adopt such rules as it deems necessary to the______________________________________________________________________28 implementation of this section._______________________________29 8. The provisions of this section shall not apply to special assessing______________________________________________________________________30 units.______31 9. Nothing in this section shall be construed to relieve assessing______________________________________________________________________32 units of the obligation to send notices of increases when required under________________________________________________________________________33 the provisions of section five hundred ten of this title._________________________________________________________34 § 2. Section 511 of the real property tax law is amended by adding a35 new subdivision 9 to read as follows:36 9. The provisions of this section shall not apply to assessing units______________________________________________________________________37 which are subject to the provisions of section five hundred nine of this________________________________________________________________________38 title, nor to special assessing units.______________________________________39 § 3. Subdivision 5 of section 574 of the real property tax law, as40 amended by chapter 257 of the laws of 1993, is amended to read as41 follows:42 5. [Forms or reports filed] Data collected pursuant to this section or______________43 section three hundred thirty-three of the real property law shall be44 made available for public inspection or copying in accordance with rules45 promulgated by the state board, except that where the state board and__________________________________________46 the department of taxation and finance have developed a combined process________________________________________________________________________47 for collecting data pursuant to paragraph viii of subdivision one-e of________________________________________________________________________48 section three hundred thirty-three of the real property law, any data so________________________________________________________________________49 collected which is not required to be furnished to the state board by________________________________________________________________________50 statute or by the state board's rules shall not be subject to inspection________________________________________________________________________51 or copying.__________52 § 4. Paragraphs i and v of subdivision 1-e of section 333 of the real53 property law, as amended by section 1 of part B of chapter 57 of the54 laws of 2004 and paragraph i as separately amended by chapter 521 of the55 laws of 2004, are amended and two new paragraphs vii and viii are added56 to read as follows:

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1 i. A recording officer shall not record or accept for record any2 conveyance of real property affecting land in New York state unless3 accompanied by a transfer report form prescribed by the state board of4 real property services or in lieu thereof, confirmation from the state_______________________________________________5 board that the required data has been reported to it pursuant to para-________________________________________________________________________6 graph vii of this subdivision, and the fee prescribed pursuant to subdi-______________________________7 vision three of this section.8 v. The provisions of this subdivision shall not operate to invalidate9 any conveyance of real property where one or more of the items desig-10 nated as subparagraphs one through eight of paragraph ii of this subdi-11 vision, have not been reported or which has been erroneously reported,12 nor affect the record contrary to the provisions of this subdivision,13 nor impair any title founded on such conveyance or record. Such form14 shall [be certified] contain an affirmation as to the accuracy of the______________________15 contents made both by the transferor or transferors and by the transfer-_________ __16 ee or transferees. Provided, however, that if the conveyance of real____17 property occurs as a result of a taking by eminent domain, tax foreclo-18 sure, or other involuntary proceeding such [form] affirmation may be___________19 [certified] made only by either the condemnor, tax district, or other____20 party to whom the property has been conveyed, or by that party's attor-21 ney. The affirmations required by this paragraph shall be made in the__________________________________________________________________22 form and manner prescribed by the state board, provided that notwith-________________________________________________________________________23 standing any provision of law to the contrary, affirmants may be________________________________________________________________________24 allowed, but shall not be required, to sign such affirmations electron-________________________________________________________________________25 ically._______26 vi. Any deed executed and delivered prior to July first, nineteen___27 hundred ninety-four may nevertheless be recorded in the office of the28 county clerk providing there is submitted therewith, and in place of29 such form, a separate statement signed by the transferor or transferors30 and the transferee or transferees or any person having sufficient know-31 ledge to sign such form which contains the same information required by32 the state board of real property services as set forth in subparagraphs33 one through four of paragraph ii of this subdivision.34 vii. The state board is hereby authorized to develop and oversee the______________________________________________________________________35 implementation of a system to allow the data required by this subdivi-________________________________________________________________________36 sion and section five hundred seventy-four of the real property tax law________________________________________________________________________37 to be reported to it electronically, notwithstanding any provision of________________________________________________________________________38 law to the contrary. The state board is further authorized to adopt any________________________________________________________________________39 rules necessary to implement such a system. Such rules shall set forth________________________________________________________________________40 such standards and procedures as may be needed for the effective and________________________________________________________________________41 efficient administration of the program, including standards for provid-________________________________________________________________________42 ing confirmation to recording officers of the reporting of required data________________________________________________________________________43 to the state board.___________________44 viii. Upon agreement between the state board of real property services______________________________________________________________________45 and the department of taxation and finance, the process for collecting________________________________________________________________________46 data pursuant to this subdivision and section five hundred seventy-four________________________________________________________________________47 of the real property tax law may be combined in whole or in part with________________________________________________________________________48 the process for collecting data pursuant to articles thirty-one, eleven,________________________________________________________________________49 twenty-two and subsection (a) of section six hundred sixty-three of the________________________________________________________________________50 tax law in connection with the real estate transfer tax, notwithstanding________________________________________________________________________51 any provision of law to the contrary. The state board and the commis-________________________________________________________________________52 sioner of taxation and finance are authorized to adopt any rules neces-________________________________________________________________________53 sary to implement the provisions of this paragraph, individually or________________________________________________________________________54 jointly.________55 § 5. Section 693 of the tax law is amended by adding a new subsection56 (e) to read as follows:

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1 (e) Notwithstanding the provisions of paragraph one of subsection (e)______________________________________________________________________2 of section six hundred ninety-seven of this part, the commissioner may________________________________________________________________________3 furnish to the state board of real property services information relat-________________________________________________________________________4 ing to real property transfers obtained or derived from returns filed________________________________________________________________________5 pursuant to this article in relation to the real estate transfer tax, to________________________________________________________________________6 the extent that such information is also required to be reported to the________________________________________________________________________7 state board by section three hundred thirty-three of the real property________________________________________________________________________8 law and section five hundred seventy-four of the real property tax law________________________________________________________________________9 and the rules adopted thereunder, provided such information was________________________________________________________________________10 collected through a combined process established pursuant to an agree-________________________________________________________________________11 ment entered into with the state board pursuant to paragraph viii of________________________________________________________________________12 subdivision one-e of section three hundred thirty-three of the real________________________________________________________________________13 property law. The state board may redisclose such information to the________________________________________________________________________14 extent authorized by section five hundred seventy-four of the real prop-________________________________________________________________________15 erty tax law._____________16 § 6. Section 1418 of the tax law is amended by adding a new subdivi-17 sion (h) to read as follows:18 (h) Notwithstanding the provisions of subdivision (a) of this section,______________________________________________________________________19 the commissioner may furnish to the state board of real property________________________________________________________________________20 services information relating to real property transfers obtained or________________________________________________________________________21 derived from returns filed pursuant to this article in relation to the________________________________________________________________________22 real estate transfer tax, to the extent that such information is also________________________________________________________________________23 required to be reported to the state board by section three hundred________________________________________________________________________24 thirty-three of the real property law and section five hundred seventy-________________________________________________________________________25 four of the real property tax law and the rules adopted thereunder,________________________________________________________________________26 provided such information was collected through a combined process________________________________________________________________________27 established pursuant to an agreement entered into with the state board________________________________________________________________________28 pursuant to paragraph viii of subdivision one-e of section three hundred________________________________________________________________________29 thirty-three of the real property law. The state board may redisclose________________________________________________________________________30 such information to the extent authorized by section five hundred seven-________________________________________________________________________31 ty-four of the real property tax law._____________________________________32 § 7. This act shall take effect on the first of January next succeed-33 ing the date on which it shall have become a law, provided that the34 state board of real property services and the department of taxation and35 finance are hereby authorized to adopt any rules needed to implement the36 provisions of this act prior to such date.

37 PART Y

38 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-39 sion 2 of section 1573 of the real property tax law, paragraph (a) of40 subdivision 1 as amended and paragraphs (b) and (c) of subdivision 1 as41 added by chapter 309 of the laws of 1996, subdivision 2 as amended by42 chapter 655 of the laws of 2004 and paragraph (a) of subdivision 2 as43 amended by chapter 212 of the laws of 2006, are amended to read as44 follows:45 (a) the assessing unit has satisfied standards of quality assessment46 administration, as established by the state board pursuant to regu-47 lations promulgated by the state board, subject to the approval of the48 director of the budget[. Such rules shall be based upon but not limited49 to the following criteria:50 (i) quality and maintenance of valuation data;51 (ii) presentation of public information and data;52 (iii) administration of exemptions;53 (iv) an acceptable level of assessment uniformity as measured annually54 by the state board; and

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1 (v) compliance with statutes and rules.] and has implemented a revalu-_____________________________2 ation pursuant to an approved plan as provided in this subdivision;___________________________________________________________________3 (b) [any revaluation or update of assessments, implemented on an4 assessment roll finalized after the first day of January, nineteen5 hundred ninety-six,] the revaluation is at one hundred percent of value;_______________6 however, in special assessing units the revaluation or update of assess-7 ments must be at a uniform percentage of value for each class;8 (c) [the assessing unit has published, on the tentative assessment9 roll, the uniform percentage of value at which all real property is10 assessed, or in special assessing units, the uniform percentage of value11 at which each class of property is assessed;] the revaluation was imple-__________________________12 mented pursuant to a plan, approved pursuant to the rules of the state________________________________________________________________________13 board, of not less than four years that provides, at a minimum, for a________________________________________________________________________14 revaluation in the first and last year of such plan, but in no case less________________________________________________________________________15 than once every four years, and for inventory data to be collected at________________________________________________________________________16 least once every six years;___________________________17 2. (a) State assistance pursuant to subdivision one of this section___18 shall be payable [as follows] in an amount not to exceed five dollars19 per parcel for [each separately assessed parcel appearing on the appli-20 cable] an assessment roll[, excluding] upon which a revaluation is__ ____________________________21 implemented in accordance with an approved plan, and not to exceed two________________________________________________________________________22 dollars per parcel for any assessment roll upon which a revaluation is________________________________________________________________________23 not implemented in accordance with an approved plan. The amount payable________________________________________________________________________24 on a per parcel basis shall exclude parcels which are wholly exempt or_____________________________________25 assessed by the state board[: (a) Triennial aid shall be payable when26 the state board determines that the assessing unit has implemented a27 revaluation or update that includes the reinspection and reappraisal of28 all locally assessed properties. However, no assessing unit may qualify29 for this payment more than once in a three year period, and no aid may30 be paid pursuant to this paragraph with respect to any assessment roll31 filed after the year two thousand eleven.32 (b) (i) Annual aid shall be payable when the state board determines33 that the assessing unit has maintained an equitable assessment roll.34 Such determination shall be made in accordance with standards estab-35 lished pursuant to regulations promulgated by the state board, subject36 to the approval of the director of the budget, and shall be based upon37 criteria including but not limited to:38 (A) annually maintaining assessments at the percentage of value speci-39 fied in subdivision one of this section;40 (B) annually conducting a systematic analysis of all locally assessed41 properties using a methodology specified in such regulations;42 (C) annually revising assessments as necessary to maintain the stated43 uniform percentage of value; and44 (D) implementing a local program for physically inspecting and reap-45 praising each parcel at least once every six years.46 (E) Such standards shall contain ranges of acceptable performance as47 determined by the state board in accordance with nationally recognized48 assessment methods.49 (ii) No aid shall be paid pursuant to this paragraph with respect to50 any assessment roll which receives triennial aid pursuant to paragraph51 (a) of this subdivision].52 [(iii)] (b) Any assessing unit that fails to implement a revaluation_____________________________________________________________53 as prescribed in an approved plan shall remit to the state the full________________________________________________________________________54 amount of any state aid received pursuant to this subdivision for the________________________________________________________________________55 assessment rolls following the one upon which the most recent revalu-________________________________________________________________________56 ation was implemented.______________________

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1 (c) Nothing herein shall be deemed to prevent an assessing unit from______________________________________________________________________2 withdrawing from an approved plan. Any assessing unit that does so shall________________________________________________________________________3 only be responsible for remission of per parcel payments for non-revalu-________________________________________________________________________4 ation years.____________5 (d) No grant awarded to any individual assessing unit in any given___6 year pursuant to this subdivision shall exceed five hundred thousand7 dollars.8 § 2. This act shall take effect immediately and shall apply to assess-9 ment rolls with taxable status dates occurring on and after March 1,10 2010.

11 PART Z

12 Section 1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-13 sion 10 of section 54 of the state finance law, as amended by section 514 of part GG of chapter 56 of the laws of 2009, is amended to read as15 follows:16 (2) for the state fiscal year commencing April first, two thousand17 eight and in each state fiscal year thereafter, the base level grant18 received in the immediately preceding state fiscal year pursuant to19 paragraph b of this subdivision, excluding any deficit reduction adjust-_________________________________________20 ment pursuant to paragraph e-1 of this subdivision, plus any additional___________________________________________________21 apportionments received in such year pursuant to paragraph d of this22 subdivision and any per capita adjustments received in such year pursu-23 ant to paragraph e of this subdivision plus any additional aid received24 in such year pursuant to paragraph p of this subdivision.25 § 2. Paragraph b of subdivision 10 of section 54 of the state finance26 law, as amended by section 2 of part O of chapter 56 of the laws of27 2008, is amended to read as follows:28 b. Base level grants. (i) Within amounts appropriated in the state___29 fiscal year commencing April first, two thousand seven and in each state30 fiscal year thereafter, there shall be apportioned and paid to a county31 with a population of less than one million but more than nine hundred32 twenty-five thousand according to the federal decennial census of two33 thousand, cities with a population of less than one million, towns and34 villages a base level grant in an amount equal to the prior year aid35 received by such county, city, town or village.36 (ii) Notwithstanding subparagraph (i) of this paragraph, within______________________________________________________________________37 amounts appropriated in the state fiscal year commencing April first,________________________________________________________________________38 two thousand ten, there shall be apportioned and paid to each munici-________________________________________________________________________39 pality a base level grant in an amount equal to the prior year aid________________________________________________________________________40 received by such municipality minus a base level grant adjustment calcu-________________________________________________________________________41 lated in accordance with clause two of this subparagraph._________________________________________________________42 (1) When used in this subparagraph, unless otherwise expressly stated:______________________________________________________________________43 (A) "2008-09 AIM funding" shall mean the sum of the base level grant______________________________________________________________________44 pursuant to this paragraph, additional annual apportionment pursuant to________________________________________________________________________45 paragraph d of this subdivision, per capita adjustment pursuant to para-________________________________________________________________________46 graph e of this subdivision and special aid and incentives to certain________________________________________________________________________47 eligible cities as appropriated in chapter fifty of the laws of two________________________________________________________________________48 thousand eight, as amended by chapter one of the laws of two thousand________________________________________________________________________49 nine, apportioned and paid to such municipality in the state fiscal year________________________________________________________________________50 commencing April first, two thousand eight.___________________________________________51 (B) "2008 total revenues" shall mean "total revenues" for such munici-______________________________________________________________________52 pality as reported in the state comptroller's special report on local________________________________________________________________________53 government finances for New York state for local fiscal years ended in________________________________________________________________________54 two thousand eight.___________________

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1 (C) "AIM reliance" shall mean 2008-09 AIM funding expressed as a______________________________________________________________________2 percentage of 2008 total revenues.__________________________________3 (2) The base level grant adjustment shall equal:________________________________________________4 (A) two percent of prior year aid if AIM reliance was at least ten______________________________________________________________________5 percent, or___________6 (B) five percent of prior year aid if AIM reliance was less than ten______________________________________________________________________7 percent.________8 (iii) Notwithstanding subparagraph (i) of this paragraph, a county______________________________________________________________________9 with a population of less than one million but more than nine hundred________________________________________________________________________10 twenty-five thousand according to the federal decennial census of two________________________________________________________________________11 thousand shall not receive a base level grant in the state fiscal year________________________________________________________________________12 commencing April first, two thousand ten or in any state fiscal year________________________________________________________________________13 thereafter.___________14 § 3. Paragraph i of subdivision 10 of section 54 of the state finance15 law is amended by adding a new subparagraph (vii) to read as follows:16 (vii) Notwithstanding subparagraph (i) of this paragraph, in the state______________________________________________________________________17 fiscal year commencing April first, two thousand ten, the base level________________________________________________________________________18 grant adjustment pursuant to subparagraph (ii) of paragraph b of this________________________________________________________________________19 subdivision shall be made on or before September twenty-fifth for a town________________________________________________________________________20 or village, on or before December fifteenth for a city whose fiscal year________________________________________________________________________21 begins January first, and on or before March fifteenth for a city whose________________________________________________________________________22 fiscal year does not begin on January first.____________________________________________23 § 4. Paragraph j of subdivision 10 of section 54 of the state finance24 law, as amended by section 3 of part D of chapter 503 of the laws of25 2009, is amended to read as follows:26 j. Special aid and incentives for municipalities to the city of New27 York. In the state fiscal year commencing April first, two thousand28 seven a city with a population of one million or more shall receive29 twenty million dollars on or before December fifteenth. In the state30 fiscal year commencing April first, two thousand eight, a city with a31 population of one million or more shall receive two hundred forty-five32 million nine hundred forty-four thousand eight hundred thirty-four33 dollars payable on or before December fifteenth. In the state fiscal34 year commencing April first, two thousand nine, [and in each state35 fiscal year thereafter,] a city with a population of one million or more36 shall receive three hundred one million six hundred fifty-eight thousand37 four hundred ninety-five dollars payable on or before December38 fifteenth. Special aid and incentives for municipalities to the city of39 New York shall be apportioned and paid as required as follows:40 (i) Any amounts required to be paid to the city university41 construction fund pursuant to the city university construction fund act;42 (ii) Any amounts required to be paid to the New York city housing43 development corporation pursuant to the New York city housing develop-44 ment corporation act;45 (iii) Five hundred thousand dollars to the chief fiscal officer of the46 city of New York for payment to the trustees of the police pension fund47 of such city;48 (iv) Eighty million dollars to the special account for the municipal49 assistance corporation for the city of New York in the municipal assist-50 ance tax fund created pursuant to section ninety-two-d of this chapter51 to the extent that such amount has been included by the municipal52 assistance corporation for the city of New York in any computation for53 the issuance of bonds on a parity with outstanding bonds pursuant to a54 contract with the holders of such bonds prior to the issuance of any55 other bonds secured by payments from the municipal assistance corpo-

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1 ration for the city of New York in the municipal assistance state aid2 fund created pursuant to section ninety-two-e of this chapter;3 (v) The balance of the special account for the municipal assistance4 corporation for the city of New York in the municipal assistance state5 aid fund created pursuant to section ninety-two-e of this chapter;6 (vi) Any amounts to be refunded to the general fund of the state of7 New York pursuant to the annual appropriation enacted for the municipal8 assistance state aid fund;9 (vii) To the state of New York municipal bond bank agency to the10 extent provided by section twenty-four hundred thirty-six of the public11 authorities law; and12 (viii) To the transit construction fund to the extent provided by13 section twelve hundred twenty-five-i of the public authorities law, and14 thereafter to the city of New York.15 Notwithstanding any other law to the contrary, the amount paid to any16 city with a population of one million or more on or before December17 fifteenth shall be for an entitlement period ending the immediately18 preceding June thirtieth.19 § 5. This act shall take effect immediately and shall be deemed to20 have been in full force and effect on and after April 1, 2010.

21 PART AA

22 Section 1. Subdivision 2 of section 54-l of the state finance law, as23 amended by section 1 of part KK of chapter 56 of the laws of 2009, is24 amended to read as follows:25 2. Within amounts appropriated therefor, an eligible city and an26 eligible municipality shall receive a state aid payment as follows:27 a. An eligible city shall receive: (i) for the state fiscal years28 commencing April first, two thousand seven and April first, two thousand29 eight, a state aid payment equal to three and one-half percent of the30 "estimated net machine income" generated by a video lottery gaming31 facility located in such eligible city. Such state aid payment shall not32 exceed twenty million dollars per eligible city; [and] (ii) for the33 state fiscal year commencing April first, two thousand nine [and for34 each state fiscal year thereafter], an amount equal to the state aid35 payment received in the state fiscal year commencing April first, two36 thousand eight; and (iii) for the state fiscal year commencing April_________________________________________________________37 first, two thousand ten and for each state fiscal year thereafter, an________________________________________________________________________38 amount equal to ninety percent of the state aid payment received in the________________________________________________________________________39 state fiscal year commencing April first, two thousand nine.___________________________________________________________40 b. Eligible municipalities shall receive: (i) for the state fiscal41 years commencing April first, two thousand seven and April first, two42 thousand eight, a share of three and one-half percent of the "estimated43 net machine income" generated by a video lottery gaming facility located44 within such eligible municipality as follows: (1) twenty-five percent45 shall be apportioned and paid to the county; and (2) seventy-five46 percent shall be apportioned and paid on a pro rata basis to eligible47 municipalities, other than the county, based upon the population of such48 eligible municipalities. Such state aid payment shall not exceed twen-49 ty-five percent of an eligible municipality's total expenditures as50 reported in the statistical report of the comptroller in the preceding51 state fiscal year pursuant to section thirty-seven of the general munic-52 ipal law; [and] (ii) for the state fiscal year commencing April first,53 two thousand nine [and for each state fiscal year thereafter]: (1) for54 an eligible municipality which is located in a county that has a poverty

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1 rate equal to or greater than seventy-five percent of the New York state2 poverty rate, an amount equal to the state aid payment received in the3 state fiscal year commencing April first, two thousand eight; and (2)4 for an eligible municipality which is located in a county that has a5 poverty rate less than seventy-five percent of the New York state pover-6 ty rate, an amount equal to fifty percent of the state aid payment7 received in the state fiscal year commencing April first, two thousand8 eight; and (iii) for the state fiscal year commencing April first, two___________________________________________________________________9 thousand ten and for each state fiscal year thereafter, an amount equal________________________________________________________________________10 to ninety percent of the state aid payment received in the state fiscal________________________________________________________________________11 year commencing April first, two thousand nine.______________________________________________12 § 2. This act shall take effect immediately and shall be deemed to13 have been in full force and effect on and after April 1, 2010.

14 PART BB

15 Section 1. The legislative law is amended by adding a new section 51-a16 to read as follows:17 § 51-a. Moratorium on unfunded mandates. 1. Definitions. As used in______________________________________________________________________18 this section, the following terms shall have the following meanings:____________________________________________________________________19 (a) "Local government" means a county, city, town, village, school______________________________________________________________________20 district, or special district.______________________________21 (b) "Net additional cost" means the cost or costs incurred or antic-______________________________________________________________________22 ipated to be incurred within a one year period by a local government in________________________________________________________________________23 performing or administering any program, project, or activity after________________________________________________________________________24 subtracting therefrom any revenues received or receivable by such local________________________________________________________________________25 government in relation to such program, project, or activity, including________________________________________________________________________26 but not limited to:___________________27 (i) fees charged to the recipients of such program, project, or activ-______________________________________________________________________28 ity;____29 (ii) state or federal funds received for such program, project, or______________________________________________________________________30 activity; and_____________31 (iii) an offsetting savings resulting from the diminution or elimi-______________________________________________________________________32 nation of any other program, project, or activity that state law________________________________________________________________________33 requires such local government to provide or undertake._______________________________________________________34 (c) "Unfunded mandate" means:_____________________________35 (i) any state law that requires a local government to provide or______________________________________________________________________36 undertake any new program, project or activity that results in an annual________________________________________________________________________37 net additional cost to any local government in excess of ten thousand________________________________________________________________________38 dollars or an aggregate annual net additional cost to all local govern-________________________________________________________________________39 ments within the state in excess of one million dollars; or___________________________________________________________40 (ii) any state law that requires a local government to provide a high-______________________________________________________________________41 er level of service or funding for an existing program, project or________________________________________________________________________42 activity that results in an annual net additional cost to any local________________________________________________________________________43 government in excess of ten thousand dollars or an aggregate annual net________________________________________________________________________44 additional cost to all local governments within the state in excess of________________________________________________________________________45 one million dollars; or_______________________46 (iii) any state law that requires a local government to grant any new______________________________________________________________________47 property tax exemption or that broadens the eligibility or increases the________________________________________________________________________48 dollar amount of any existing property tax exemption, on property that________________________________________________________________________49 otherwise would have generated revenue under the current property tax________________________________________________________________________50 rate of such local government in excess of ten thousand dollars in any________________________________________________________________________51 local government or in excess of one million dollars statewide; or__________________________________________________________________52 (iv) any state law with a legal requirement that would otherwise like-______________________________________________________________________53 ly have the effect of raising property taxes in excess of ten thousand________________________________________________________________________

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1 dollars in any local government or in excess of one million dollars________________________________________________________________________2 statewide.__________3 2. Moratorium on unfunded mandates. Notwithstanding any other______________________________________________________________________4 provision of law, no unfunded mandates shall be enacted.________________________________________________________5 3. Exemptions. (a) A state law shall not be considered an unfunded______________________________________________________________________6 mandate where such law:_______________________7 (i) is required by a court order or judgment; or________________________________________________8 (ii) is provided at the option of the local government under a law______________________________________________________________________9 that is permissive rather than mandatory; or____________________________________________10 (iii) results from the passage of a home rule message whereby a local______________________________________________________________________11 government requests authority to implement the program or service speci-________________________________________________________________________12 fied in the statute, and the statute imposes costs only upon that local________________________________________________________________________13 government which requests the authority to impose the program or________________________________________________________________________14 service; or___________15 (iv) is required by statute or executive order that implements a______________________________________________________________________16 federal law or regulation and results from costs mandated by the federal________________________________________________________________________17 government to be borne at the local level, unless the statute or execu-________________________________________________________________________18 tive order results in costs which exceed the costs mandated by the________________________________________________________________________19 federal government; or______________________20 (v) is imposed on both government and non-government entities in the______________________________________________________________________21 same or substantially similar circumstances; or_______________________________________________22 (vi) repeals or revises a state law to ease an existing requirement______________________________________________________________________23 that a local government provide or undertake a program, project, or________________________________________________________________________24 activity, or reapportions the costs of activities between local govern-________________________________________________________________________25 ments; or_________26 (vii) is necessary to protect against an immediate threat to public______________________________________________________________________27 health or safety._________________28 (b) The effective date of any act establishing a mandate shall provide______________________________________________________________________29 a reasonable time for the state and any local government to plan imple-________________________________________________________________________30 mentation thereof and shall be consistent with the availability of________________________________________________________________________31 required funds._______________32 § 2. Section 51 of the legislative law, as added by chapter 985 of the33 laws of 1983, is amended to read as follows:34 § 51. Fiscal [impact] notes on bills affecting political subdivisions.35 1. For the purpose of this section, the term "political subdivision"36 means any county, city, town, village, special district or school37 district.38 2. [The legislature shall by concurrent resolution of the senate and39 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-40 rate form, bills and amendments to bills, except as otherwise prescribed41 by such rules, which] A bill that would substantially affect the reven-___________42 ues or expenses, or both, of any political subdivision shall contain a_______________43 fiscal note stating the estimated annual cost to the political subdivi-________________________________________________________________________44 sion affected and the source of such estimate._____________________________________________45 3. Fiscal notes shall not, however, be required for bills: (a) subject46 to the provisions of section fifty of this chapter, or (b) accompanied47 by special home rule requests submitted by political subdivisions, or48 (c) which provide discretionary authority to political subdivisions, or49 (d) submitted pursuant to section twenty-four of the state finance law.50 4. If the estimate or estimates contained in a fiscal note are inaccu-51 rate, such inaccuracies shall not affect, impair or invalidate such52 bill.53 § 3. This act shall take effect immediately, provided, however, that54 section one of this act shall only apply to laws enacted after such55 effective date and shall expire and be deemed repealed four years after56 such effective date.

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1 PART CC

2 Section 1. Section 101 of the general municipal law is amended by3 adding a new subdivision 6 to read as follows:4 6. Notwithstanding subdivision one of this section and any other law______________________________________________________________________5 to the contrary, any contract, subcontract, lease, grant, bond, coven-________________________________________________________________________6 ant, or other agreement for projects undertaken by school districts________________________________________________________________________7 shall not be subject to the requirements of separate specifications________________________________________________________________________8 (referred to as the Wicks Law)._______________________________9 § 2. Subdivisions 2 and 2-a of section 458 of the education law,10 subdivision 2 as amended and subdivision 2-a as added by section 5 of11 part MM of chapter 57 of the laws of 2008, are amended to read as12 follows:13 2. [Except as otherwise provided in section two hundred twenty-two of14 the labor law, every contract, lease or other agreement entered into by15 or on behalf of the fund for the acquisition, lease, construction,16 reconstruction, rehabilitation or improvement of the school portion of17 the work in any combined occupancy structure shall contain a provision18 that, when the entire cost of any such contemplated construction, recon-19 struction, rehabilitation or improvement for the school portion of the20 work shall exceed three million dollars in the counties of the Bronx,21 Kings, New York, Queens, and Richmond; one million five hundred thousand22 dollars in the counties of Nassau, Suffolk and Westchester; and five23 hundred thousand dollars in all other counties within the state, sepa-24 rate specifications shall be prepared for the following three subdivi-25 sions of the work on the school portion to be performed:26 a. Plumbing and gas fitting;27 b. Steam heating, hot water heating, ventilating and air conditioning28 apparatus; and29 c. Electric wiring and standard illuminating fixtures.30 Such specifications shall be drawn so as to permit the letting of31 separate and independent contracts for each of the above three subdivi-32 sions of work. Within the above three subdivisions of work, any equip-33 ment, apparatus and/or installations which shall be designed to service34 the entire combined occupancy structure shall be included within the35 school portion of the work or let as separate and independent contracts36 even if physically located within the non-school portion of the work.]37 Except as otherwise provided by the public housing law, the provisions38 of which shall apply when the developer is the New York city housing39 authority, every developer or general contractor undertaking the40 construction, reconstruction, rehabilitation or improvement of any such41 combined occupancy structure pursuant to or in furtherance of the42 provisions of this article shall let [separate] contracts to the lowest43 responsible bidder for the [three subdivisions of the above specified]44 work to persons, firms or corporations approved by the chairman of the45 fund as being qualified, responsible and reliable bidders engaged in46 these classes of work. All such qualified bidders engaged in [the above47 specified] this work shall be entitled to bid and to receive, upon____48 request, a copy of the plans and specifications. All such bids shall be49 submitted to the fund and shall be opened publicly at a stated time and50 place.51 2-a. Each bidder on a public work contract[, where the preparation of52 separate specifications is not required,] shall submit with its bid a53 separate sealed list that names each subcontractor that the bidder will54 use to perform work on the contract, and the agreed-upon amount to be55 paid to each, for: a. plumbing and gas fitting, b. steam heating, hot

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1 water heating, ventilating and air conditioning apparatus and c. elec-2 tric wiring and standard illuminating fixtures. After the low bid is3 announced, the sealed list of subcontractors submitted with such low bid4 shall be opened and the names of such subcontractors shall be announced,5 and thereafter any change of subcontractor or agreed-upon amount to be6 paid to each shall require the approval of the public owner, upon a7 showing presented to the public owner of legitimate construction need8 for such change, which shall be open to public inspection. Legitimate9 construction need shall include, but not be limited to, a change in10 project specifications, a change in construction material costs, a11 change to subcontractor status as determined pursuant to paragraph (e)12 of subdivision two of section two hundred twenty-two of the labor law,13 or the subcontractor has become otherwise unwilling, unable or unavail-14 able to perform the subcontract. The sealed lists of subcontractors15 submitted by all other bidders shall be returned to them unopened after16 the contract award.17 § 3. Subdivisions 2 and 2-a of section 482 of the education law,18 subdivision 2 as amended and subdivision 2-a as added by section 6 of19 part MM of chapter 57 of the laws of 2008, are amended to read as20 follows:21 2. [Except as otherwise provided in section two hundred twenty-two of22 the labor law, every contract, lease or other agreement entered into by23 or on behalf of the fund for the acquisition, lease, construction,24 reconstruction, rehabilitation or improvement of any combined occupancy25 structure shall contain a provision that, when the entire cost of any26 such contemplated construction, reconstruction, rehabilitation or27 improvement shall exceed three million dollars in the counties of the28 Bronx, Kings, New York, Queens, and Richmond; one million five hundred29 thousand dollars in the counties of Nassau, Suffolk and Westchester; and30 five hundred thousand dollars in all other counties within the state,31 separate specifications shall be prepared for the following three subdi-32 visions of the work to be performed:33 a. Plumbing and gas fitting;34 b. Steam heating, hot water heating, ventilating and air conditioning35 apparatus; and36 c. Electric wiring and standard illuminating fixtures.37 Such specifications shall be drawn so as to permit the letting of38 separate and independent contracts for each of the above three subdivi-39 sions of work.] Except as otherwise provided by the public housing law,40 the provisions of which shall apply when the developer is the Yonkers41 city housing authority, every developer or general contractor undertak-42 ing the construction, reconstruction, rehabilitation or improvement of43 any such combined occupancy structure pursuant to or in furtherance of44 the provisions of this article shall let [separate] contracts to the45 lowest responsible bidder for the [three subdivisions of the above spec-46 ified] work to persons, firms or corporations approved by the chairman47 of the fund as being qualified, responsible and reliable bidders engaged48 in these classes of work. All such qualified bidders engaged in [the49 above specified] this work shall be entitled to bid and to receive, upon____50 request, a copy of the plans and specifications. All such bids shall be51 submitted to the fund and shall be opened publicly at a stated time and52 place.53 2-a. Each bidder on a public work contract[, where the preparation of54 separate specifications is not required,] shall submit with its bid a55 separate sealed list that names each subcontractor that the bidder will56 use to perform work on the contract, and the agreed-upon amount to be

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1 paid to each, for: a. plumbing and gas fitting, b. steam heating, hot2 water heating, ventilating and air conditioning apparatus and c. elec-3 tric wiring and standard illuminating fixtures. After the low bid is4 announced, the sealed list of subcontractors submitted with such low bid5 shall be opened and the names of such subcontractors shall be announced,6 and thereafter any change of subcontractor or agreed-upon amount to be7 paid to each shall require the approval of the public owner, upon a8 showing presented to the public owner of legitimate construction need9 for such change, which shall be open to public inspection. Legitimate10 construction need shall include, but not be limited to, a change in11 project specifications, a change in construction material costs, a12 change to subcontractor status as determined pursuant to paragraph (e)13 of subdivision two of section two hundred twenty-two of the labor law,14 or the subcontractor has become otherwise unwilling, unable or unavail-15 able to perform the subcontract. The sealed lists of subcontractors16 submitted by all other bidders shall be returned to them unopened after17 the contract award.18 § 4. Subdivision 1 of section 1735 of the public authorities law, as19 amended by chapter 345 of the laws of 2009, is amended to read as20 follows:21 1. Notwithstanding the provisions of paragraph b of subdivision one of22 section seventeen hundred thirty-four of this title, the award of23 construction contracts by the authority [between July first, nineteen24 hundred eighty-nine and June thirtieth, two thousand fourteen,] shall25 not be subject to the provisions of section one hundred one of the26 general municipal law.27 § 5. Section 19 of chapter 738 of the laws of 1988, amending the28 administrative code of the city of New York, the public authorities law29 and other laws relating to the New York city school construction author-30 ity, as amended by chapter 345 of the laws of 2009, is amended to read31 as follows:32 § 19. This act shall take effect immediately, provided, however, that33 the provisions of subdivision 6 of section 209 of the civil service law,34 as added by section four of this act, shall expire and be deemed35 repealed on and after June 30, 1995[, and further provided that the36 provisions of section 1735 of the public authorities law, as added by37 section fourteen of this act, shall expire and be deemed repealed on38 June 30, 2014].39 § 6. This act shall take effect immediately and shall control all40 contracts advertised or solicited for bid on or after such date under41 the provisions of any law requiring contracts to be let pursuant to42 provisions of law amended by this act.

43 PART DD

44 Section 1. Subdivision 1 of section 3-a of the general municipal law,45 as amended by chapter 4 of the laws of 1991, is amended to read as46 follows:47 1. Except as provided in subdivisions two, four and five of this48 section, the rate of interest to be paid by a municipal corporation upon49 any judgment or accrued claim against the municipal corporation shall50 [not exceed nine per centum per annum] be calculated at a rate equal to________________________________51 the weekly average one year constant maturity treasury yield, as________________________________________________________________________52 published by the board of governors of the federal reserve system, for________________________________________________________________________53 the calendar week preceding the date of the entry of the judgment award-________________________________________________________________________54 ing damages. In no event, however, shall a municipal corporation pay a________________________________________________________________________

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1 rate of interest on any judgment or accrued claim more than nine per________________________________________________________________________2 centum per annum.________________3 § 2. Subdivision 5 of section 157 of the public housing law, as4 amended by chapter 681 of the laws of 1982, is amended to read as5 follows:6 5. The rate of interest to be paid by an authority upon any judgment7 or accrued claim against the authority shall [not exceed nine per centum8 per annum] be calculated at a rate equal to the weekly average one year_____________________________________________________________9 constant maturity treasury yield, as published by the board of governors________________________________________________________________________10 of the federal reserve system, for the calendar week preceding the date________________________________________________________________________11 of the entry of the judgment awarding damages. In no event, however,________________________________________________________________________12 shall an authority pay a rate of interest on any judgment or accrued________________________________________________________________________13 claim more than nine per centum per annum._________________________________________14 § 3. Section 16 of the state finance law, as amended by chapter 681 of15 the laws of 1982, is amended to read as follows:16 § 16. Rate of interest on judgments and accrued claims against the17 state. The rate of interest to be paid by the state upon any judgment18 or accrued claim against the state shall [not exceed nine per centum per19 annum] be calculated at a rate equal to the weekly average one year_________________________________________________________________20 constant maturity treasury yield, as published by the board of governors________________________________________________________________________21 of the federal reserve system, for the calendar week preceding the date________________________________________________________________________22 of the entry of the judgment awarding damages. In no event, however,________________________________________________________________________23 shall the state pay a rate of interest on any judgment or accrued claim________________________________________________________________________24 more than nine per centum per annum.___________________________________25 § 4. Section 1 of chapter 585 of the laws of 1939, relating to the26 rate of interest to be paid by certain public corporations upon judg-27 ments and accrued claims, as amended by chapter 681 of the laws of 1982,28 is amended to read as follows:29 Section 1. The rate of interest to be paid by a public corporation30 upon any judgment or accrued claim against the public corporation shall31 [not exceed nine per centum per annum] be calculated at a rate equal to_________________________________32 the weekly average one year constant maturity treasury yield, as________________________________________________________________________33 published by the board of governors of the federal reserve system, for________________________________________________________________________34 the calendar week preceding the date of the entry of the judgment award-________________________________________________________________________35 ing damages. In no event, however, shall a public corporation pay a________________________________________________________________________36 rate of interest on any judgment or accrued claim more than nine per________________________________________________________________________37 centum per annum. The term "public corporation" as used in this act__________________38 shall mean and include every corporation created for the construction of39 public improvements, other than a county, city, town, village, school40 district or fire district or an improvement district established in a41 town or towns, and possessing both the power to contract indebtedness42 and the power to collect rentals, charges, rates or fees for services or43 facilities furnished or supplied.44 § 5. This act shall take effect immediately.

45 PART EE

46 Section 1. Section 180 of the agriculture and markets law, as added47 by chapter 874 of the laws of 1977, is amended to read as follows:48 § 180. Municipal directors of weights and measures. 1. There shall be49 a county director of weights and measures in each county, except where50 (a) a county is wholly embraced within a city there shall be a city___51 director of weights and measures, or (b) where two or more counties have________________________________________52 entered into an intermunicipal agreement, pursuant to article five-G of________________________________________________________________________53 the general municipal law, to share the functions, powers, and duties of________________________________________________________________________54 one director of weights and measures. Any county or city having a popu-____________________________________

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1 lation of one million or more may elect to designate its commissioner of2 consumer affairs as its director of weights and measures. Subdivision3 four of this section shall not apply to a commissioner of consumer4 affairs so designated.5 2. No city may institute a weights and measures program. Provided,6 that any city which maintained a weights and measures program on January7 first, nineteen hundred seventy-six may continue such program under a8 city director of weights and measures.9 a. Any such city may contract with the legislature of the county in10 which it is located for the county director of weights and measures to11 perform the duties of and have the same powers within such city as the12 city director. Such contract shall fix the amount to be paid annually by13 the city to the county for such services. During the period such14 contract is in force and effect, the office of city director of weights15 and measures shall be abolished.16 b. The county director shall not have jurisdiction in any city which17 has a city director of weights and measures, except in the county of18 Westchester the county director shall have concurrent jurisdiction with19 city directors of weights and measures in such county.20 3. Nothing contained herein shall prohibit the governing body of any21 county or city from assigning to its municipal director powers and22 duties in addition to the powers and duties prescribed by this article23 provided such additional powers and duties deal primarily with services24 designed to aid and protect the consumer and are not inconsistent with25 the provisions of this article.26 4. The municipal director shall be appointed by the appropriate27 authority of the municipality in which he resides having the general28 power of appointment of officers and employees. Where two or more coun-_______________________29 ties have entered into an intermunicipal agreement, pursuant to article________________________________________________________________________30 five-G of the general municipal law, to share the functions, powers, and________________________________________________________________________31 duties of one director of weights and measures, such municipal director________________________________________________________________________32 may reside in any county that is a party to the intermunicipal agree-________________________________________________________________________33 ment. He shall be paid a salary determined by the appropriate authority_____34 and shall be provided by such authority with the working standards of35 weights, measures and other equipment as required by rules and regu-36 lations promulgated in accordance with this article. The position of37 municipal director shall be in the competitive class of the civil38 service with respect to all persons appointed on or after the effective39 date of this act.40 § 2. Section 775 of the county law is amended to read as follows:41 § 775. [County sealer] Director of weights and measures; duties. The________________________________42 [county sealer] director of weights and measures shall perform the___________________________________43 duties prescribed by law for the enforcement of honest weights and meas-44 ures. He shall perform such additional and related duties as may be45 prescribed by law and directed by the board of supervisors.46 § 3. Subdivision 7 of section 176-b of the town law, as separately47 amended by chapters 302, 314, 468 and 474 of the laws of 2009, is48 amended to read as follows:49 7. (a) The membership of any volunteer firefighter shall not be___50 continued pursuant to subdivision five of this section, and persons51 shall not be elected to membership pursuant to subdivision six of this52 section, if, by so doing, the percentage of such non-resident members in53 the fire company would exceed forty-five per centum of the actual54 membership of the fire company, provided however, that the provisions of55 this subdivision shall not apply to the memberships of the Shelter56 Island Heights fire district, the Cherry Grove fire district, the Fire

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1 Island Pines fire district, the Davis Park fire department, and the Cold2 Spring Harbor fire district in Suffolk county, the New Hampton fire3 district, the Mechanicstown fire district, the Pocatello fire district,4 the Washington Heights fire district and the Good Will fire district in5 Orange county, the Jericho fire district and the Westbury fire district6 in Nassau county, the Orangeburg fire district in Rockland county, the7 South Lockport Fire Company and the Terry's Corners volunteer fire8 company in Niagara County, the Taunton fire district and the Onondaga9 Hill fire department in Onondaga county, the Town of Batavia fire10 department in Genesee County, the Schuyler Heights fire district and the11 Slingerlands fire district I in Albany county, the town of Providence12 fire district in Saratoga county, the River Road fire district, No. 3 in13 Erie county, the Sir William Johnson Fire Company in Fulton county, the14 Fort Johnson Fire district in Montgomery county or the memberships of15 the Millwood fire district, the Purchase Fire District, the North Castle16 South Fire District, No. 1 in Westchester county, the Thornwood fire17 company, No. 1 in Westchester county and the Rockland Lake fire district18 in Rockland county.19 (b) Upon application by a fire district or fire company to the state______________________________________________________________________20 fire administrator, the requirements of paragraph (a) of this subdivi-________________________________________________________________________21 sion shall be waived for a period of five years, provided that no adja-________________________________________________________________________22 cent fire district objects within sixty days of notice, published in the________________________________________________________________________23 state register. Any such objection shall be made in writing to the________________________________________________________________________24 state fire administrator setting forth the reasons such waiver should________________________________________________________________________25 not be granted. In cases where an objection is properly filed, the state________________________________________________________________________26 fire administrator shall have the authority to grant a waiver, for such________________________________________________________________________27 length of time as deemed appropriate but not to exceed five years, upon________________________________________________________________________28 consideration of (1) the difficulty of the fire company or district in________________________________________________________________________29 retaining and recruiting adequate personnel; (2) any alternative means________________________________________________________________________30 available to the fire company or district to address such difficulties;________________________________________________________________________31 and (3) the impact of such waiver on adjacent fire districts._____________________________________________________________32 § 4. Section 578 of the real property tax law, as added by chapter 63633 of the laws of 1970, is amended to read as follows:34 § 578. County assistance under cooperative agreements. 1. The legis-__35 lative bodies of the counties and the governing boards of the cities,36 towns, villages and school districts or appropriate officers thereof37 authorized by such legislative body or governing board, as the case may38 be, shall have power to enter into contracts with each other for data39 processing and other mechanical assistance in the preparation of assess-40 ment rolls, tax rolls, tax bills and other assessment and property tax41 records and for supplies of field books, assessment rolls and other42 assessment and property tax forms.43 2. The legislative body of a county and the governing body of any______________________________________________________________________44 city, town, village or school district therein shall have the power to________________________________________________________________________45 enter into contracts with each other under which the county treasurer________________________________________________________________________46 shall serve as the tax collecting officer for such city, town, village________________________________________________________________________47 or school district. Such an agreement shall be considered an agreement________________________________________________________________________48 for the provision of a "joint service" for purposes of article five-G of________________________________________________________________________49 the general municipal law. Any such agreement shall be approved by both________________________________________________________________________50 the city, town, village or school district and the county, by a majority________________________________________________________________________51 vote of the voting strength of each governing body.___________________________________________________52 § 5. This act shall take effect immediately.

53 PART FF

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1 Section 1. Subdivision 1 of section 103 of the general municipal law,2 as amended by section 1 of part D of chapter 494 of the laws of 2009, is3 amended to read as follows:4 1. Except as otherwise expressly provided by an act of the legislature5 or by a local law adopted prior to September first, nineteen hundred6 fifty-three, all contracts for public work involving an expenditure of7 more than [thirty-five] fifty thousand dollars and all purchase_____8 contracts involving an expenditure of more than [ten] twenty thousand______9 dollars, shall be awarded by the appropriate officer, board or agency of10 a political subdivision or of any district therein including but not11 limited to a soil conservation district, to the lowest responsible12 bidder furnishing the required security after advertisement for [sealed]13 bids in the manner provided by this section. In any case where a respon-14 sible bidder's gross price is reducible by an allowance for the value of15 used machinery, equipment, apparatus or tools to be traded in by a poli-16 tical subdivision, the gross price shall be reduced by the amount of17 such allowance, for the purpose of determining the low bid. In cases18 where two or more responsible bidders furnishing the required security19 submit identical bids as to price, such officer, board or agency may20 award the contract to any of such bidders. Such officer, board or agency21 may, in his or her or its discretion, reject all bids and readvertise______22 for new bids in the manner provided by this section. [For purposes of23 this section, "sealed bids", as that term applies to purchase contracts,24 shall include bids] In determining whether a purchase is an expenditure___________________________________________________25 within the discretionary threshold amounts established by this subdivi-________________________________________________________________________26 sion, the officer, board or agency of a political subdivision or of any________________________________________________________________________27 district therein shall consider the reasonably expected aggregate amount________________________________________________________________________28 of all purchases of the same commodities, services or technology to be________________________________________________________________________29 made within the twelve-month period commencing on the date of purchase.________________________________________________________________________30 Purchases of commodities, services or technology shall not be arti-________________________________________________________________________31 ficially divided for the purpose of satisfying the discretionary buying________________________________________________________________________32 thresholds established by this subdivision. A change to or a renewal of________________________________________________________________________33 a discretionary purchase shall not be permitted if the change or renewal________________________________________________________________________34 would bring the reasonably expected aggregate amount of all purchases of________________________________________________________________________35 the same commodities, services or technology from the same provider________________________________________________________________________36 within the twelve-month period commencing on the date of the first________________________________________________________________________37 purchase to an amount greater than the discretionary buying threshold________________________________________________________________________38 amount. Bids may be submitted in an electronic format including______________________ _________39 submission of the statement of non-collusion required by section one________________________________________________________________________40 hundred three-d of this article, provided that the governing board of_______________________________41 the political subdivision or district, by resolution, has authorized the42 receipt of bids in such format. Submission in electronic format may43 [not, however,] be required as the sole method for the submission of44 bids. Bids submitted in an electronic format shall be transmitted by45 bidders to the receiving device designated by the political subdivision46 or district. Any method used to receive electronic bids shall comply47 with article three of the state technology law, and any rules and regu-48 lations promulgated and guidelines developed thereunder and, at a mini-49 mum, must (a) document the time and date of receipt of each bid received50 electronically; (b) authenticate the identity of the sender; (c) ensure51 the security of the information transmitted; and (d) ensure the confi-52 dentiality of the bid until the time and date established for the open-53 ing of bids. The timely submission of an electronic bid in compliance54 with instructions provided for such submission in the advertisement for55 bids and/or the specifications shall be the responsibility solely of56 each bidder or prospective bidder. No political subdivision or district

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1 therein shall incur any liability from delays of or interruptions in the2 receiving device designated for the submission and receipt of electronic3 bids.4 § 2. Subdivision 1 of section 103 of the general municipal law, as5 amended by chapter 413 of the laws of 1991, is amended to read as6 follows:7 1. Except as otherwise expressly provided by an act of the legislature8 or by a local law adopted prior to September first, nineteen hundred9 fifty-three, all contracts for public work involving an expenditure of10 more than [twenty] fifty thousand dollars and all purchase contracts_____11 involving an expenditure of more than [ten] twenty thousand dollars,______12 shall be awarded by the appropriate officer, board or agency of a poli-13 tical subdivision or of any district therein including but not limited14 to a soil conservation district, to the lowest responsible bidder15 furnishing the required security after advertisement for [sealed] bids16 in the manner provided by this section. In determining whether a________________________17 purchase is an expenditure within the discretionary threshold amounts________________________________________________________________________18 established by this subdivision, the officer, board or agency of a poli-________________________________________________________________________19 tical subdivision or of any district therein shall consider the reason-________________________________________________________________________20 ably expected aggregate amount of all purchases of the same commodities,________________________________________________________________________21 services or technology to be made within the twelve-month period________________________________________________________________________22 commencing on the date of purchase. Purchases of commodities, services________________________________________________________________________23 or technology shall not be artificially divided for the purpose of________________________________________________________________________24 satisfying the discretionary buying thresholds established by this________________________________________________________________________25 subdivision. A change to or a renewal of a discretionary purchase shall________________________________________________________________________26 not be permitted if the change or renewal would bring the reasonably________________________________________________________________________27 expected aggregate amount of all purchases of the same commodities,________________________________________________________________________28 services or technology from the same provider within the twelve-month________________________________________________________________________29 period commencing on the date of the first purchase to an amount greater________________________________________________________________________30 than the discretionary buying threshold amount. In any case where a_______________________________________________31 responsible bidder's gross price is reducible by an allowance for the32 value of used machinery, equipment, apparatus or tools to be traded in33 by a political subdivision, the gross price shall be reduced by the34 amount of such allowance, for the purpose of determining the low bid. In35 cases where two or more responsible bidders furnishing the required36 security submit identical bids as to price, such officer, board or agen-37 cy may award the contract to any of such bidders. Such officer, board or38 agency may, in his, her or its discretion, reject all bids and readver-_____39 tise for new bids in the manner provided by this section.40 § 3. Subdivision 5 of section 103 of the general municipal law, as41 amended by chapter 413 of the laws of 1991, is amended to read as42 follows:43 5. Upon the adoption of a resolution by a vote of at least three-44 fifths of all the members of the governing body of a political subdivi-45 sion or district therein stating that, for reasons of efficiency or46 economy, there is need for standardization, purchase contracts for a47 particular type or kind of equipment, material or supplies [of more than48 ten thousand dollars] in excess of the monetary threshold fixed for__________________________________________________49 purchase contracts in this section may be awarded by the appropriate______________________________________50 officer, board or agency of such political subdivision or any such51 district therein, to the lowest responsible bidder furnishing the52 required security after advertisement for [sealed] bids therefor in the53 manner provided in this section. Such resolution shall contain a full54 explanation of the reasons for its adoption.55 § 4. Section 103-d of the general municipal law, as amended by chapter56 675 of the laws of 1966, is amended to read as follows:

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1 § 103-d. Statement of non-collusion in bids and proposals to political2 subdivision of the state. 1. Every bid or proposal hereafter made to a__3 political subdivision of the state or any public department, agency or4 official thereof where competitive bidding is required by statute, rule,5 regulation or local law, for work or services performed or to be6 performed or goods sold or to be sold, shall contain the following7 statement subscribed by the bidder and affirmed by such bidder as true8 under the penalties of perjury: Non-collusive bidding certification.9 "(a) By submission of this bid, each bidder and each person signing on10 behalf of any bidder certifies, and in the case of a joint bid each11 party thereto certifies as to its own organization, under penalty of12 perjury, that to the best of knowledge and belief:13 (1) The prices in this bid have been arrived at independently without14 collusion, consultation, communication, or agreement, for the purpose of15 restricting competition, as to any matter relating to such prices with16 any other bidder or with any competitor;17 (2) Unless otherwise required by law, the prices which have been quot-18 ed in this bid have not been knowingly disclosed by the bidder and will19 not knowingly be disclosed by the bidder prior to opening, directly or20 indirectly, to any other bidder or to any competitor; and21 (3) No attempt has been made or will be made by the bidder to induce22 any other person, partnership or corporation to submit or not to submit23 a bid for the purpose of restricting competition. "24 (a-1) Notwithstanding the foregoing, the statement of non-collusion______________________________________________________________________25 may be submitted electronically in accordance with the provisions of________________________________________________________________________26 subdivision one of section one hundred three of the general municipal________________________________________________________________________27 law.____28 (b) A bid shall not be considered for award nor shall any award be29 made where (a) (1) (2) and (3) above have not been complied with;30 provided however, that if in any case the bidder cannot make the forego-31 ing certification, the bidder shall so state and shall furnish with the32 bid a signed statement which sets forth in detail the reasons therefor.33 Where (a) (1) (2) and (3) above have not been complied with, the bid34 shall not be considered for award nor shall any award be made unless the35 head of the purchasing unit of the political subdivision, public depart-36 ment, agency or official thereof to which the bid is made, or his desig-37 nee, determines that such disclosure was not made for the purpose of38 restricting competition.39 The fact that a bidder (a) has published price lists, rates, or40 tariffs covering items being procured, (b) has informed prospective41 customers of proposed or pending publication of new or revised price42 lists for such items, or (c) has sold the same items to other customers43 at the same prices being bid, does not constitute, without more, a44 disclosure within the meaning of subparagraph one (a).45 2. Any bid hereafter made to any political subdivision of the state or46 any public department, agency or official thereof by a corporate bidder47 for work or services performed or to be performed or goods sold or to be48 sold, where competitive bidding is required by statute, rule, regu-49 lation, or local law, and where such bid contains the certification50 referred to in subdivision one of this section, shall be deemed to have51 been authorized by the board of directors of the bidder, and such52 authorization shall be deemed to include the signing and submission of53 the bid and the inclusion therein of the certificate as to non-collusion54 as the act and deed of the corporation.55 § 5. Section 103 of the general municipal law is amended by adding56 three new subdivisions 1-b, 1-c and 13 to read as follows:

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1 1-b. When the officer, board or agency of any political subdivision or______________________________________________________________________2 of any district therein charged with the awarding of contracts under________________________________________________________________________3 this section determines that it is in the best interest of the political________________________________________________________________________4 subdivision or district therein, they may award contracts for services________________________________________________________________________5 on the basis of best value as defined in section one hundred sixty-three________________________________________________________________________6 of the state finance law to responsive and responsible offerers.________________________________________________________________________7 Notwithstanding any other provision of this section, a contract for________________________________________________________________________8 services may be awarded on the basis of best value provided that the________________________________________________________________________9 contracting process and award shall comply with the guidelines estab-________________________________________________________________________10 lished under section one hundred sixty-three of the state finance law by________________________________________________________________________11 the state procurement council. Any procurement made under this subdivi-________________________________________________________________________12 sion shall be approved by the governing body of the purchasing political________________________________________________________________________13 subdivision or district therein.________________________________14 1-c. A political subdivision or any district therein shall have the______________________________________________________________________15 option of purchasing information technology and telecommunications hard-________________________________________________________________________16 ware, software and professional services through cooperative purchasing________________________________________________________________________17 permissible pursuant to federal general services administration informa-________________________________________________________________________18 tion technology schedule seventy or any successor schedule. A political________________________________________________________________________19 subdivision or any district therein that purchases through general________________________________________________________________________20 services administration schedule seventy, information technology and________________________________________________________________________21 consolidated schedule contracts shall comply with federal schedule________________________________________________________________________22 ordering procedures as provided in federal acquisition regulation________________________________________________________________________23 8.405-1 or 8.405-2 or successor regulations, whichever is applicable.________________________________________________________________________24 Adherence to such procedures shall constitute compliance with the________________________________________________________________________25 competitive bidding requirements under this section.____________________________________________________26 13. Notwithstanding the provisions of subdivision one of this section______________________________________________________________________27 and in addition to the provisions of subdivision three of this section________________________________________________________________________28 and section one hundred four of this article, any officer, board or________________________________________________________________________29 agency of a political subdivision or of any district therein authorized________________________________________________________________________30 to make purchases of materials, equipment and supplies may make such________________________________________________________________________31 purchases as may be required by such political subdivision or any________________________________________________________________________32 district therein through the use of a contract let by any other state or________________________________________________________________________33 political subdivision if such contract was let in accordance with________________________________________________________________________34 competitive bidding requirements that are consistent with this section________________________________________________________________________35 and with the intent of extending its use to certain other governmental________________________________________________________________________36 entities. Prior to making such a purchase, the governing board of the________________________________________________________________________37 political subdivision or district making the purchase shall determine,________________________________________________________________________38 upon review of any necessary documentation and, as appropriate, upon________________________________________________________________________39 advice of its counsel, that the requirements of this paragraph have been________________________________________________________________________40 met, and shall certify, by resolution, that such purchase is permitted________________________________________________________________________41 under the procurement policies and procedures of the political subdivi-________________________________________________________________________42 sion or district, adopted pursuant to section one hundred four-b of this________________________________________________________________________43 article.________44 § 6. Section 104 of the general municipal law, as amended by chapter45 137 of the laws of 2008, is amended to read as follows:46 § 104. Purchase through office of general services; certain federal___________________47 contracts. 1. Notwithstanding the provisions of section one hundred_____________48 three of this article or of any other general, special or local law, any49 officer, board or agency of a political subdivision, of a district ther-50 ein, of a fire company or of a voluntary ambulance service authorized to51 make purchases of materials, equipment, food products, or supplies, or52 services available pursuant to sections one hundred sixty-one and one53 hundred sixty-seven of the state finance law, may make such purchases,54 except of printed material, through the office of general services55 subject to such rules as may be established from time to time pursuant56 to sections one hundred sixty-three and one hundred sixty-seven of the

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1 state finance law [or through the general services administration pursu-2 ant to section 1555 of the federal acquisition streamlining act of 1994,3 P.L. 103-355]; provided that any such purchase shall exceed five hundred4 dollars and that the political subdivision, district, fire company or5 voluntary ambulance service for which such officer, board or agency acts6 shall accept sole responsibility for any payment due the vendor. All7 purchases shall be subject to audit and inspection by the political8 subdivision, district, fire company or voluntary ambulance service for9 which made. No officer, board or agency of a political subdivision, or a10 district therein, of a fire company or of a voluntary ambulance service11 shall make any purchase through such office when bids have been received12 for such purchase by such officer, board or agency, unless such purchase13 may be made upon the same terms, conditions and specifications at a14 lower price through such office. Two or more fire companies or voluntary15 ambulance services may join in making purchases pursuant to this16 section, and for the purposes of this section such groups shall be17 deemed "fire companies or voluntary ambulance services."18 2. Notwithstanding the provisions of section one hundred three of this______________________________________________________________________19 article or of any other general, special or local law, any officer,________________________________________________________________________20 board or agency of a political subdivision, or of a district therein,________________________________________________________________________21 may make purchases from federal general service administration supply________________________________________________________________________22 schedules pursuant to section 211 of the federal e-government act of________________________________________________________________________23 2002, P.L. 107-347, and pursuant to section 1122 of the national defense________________________________________________________________________24 authorization act for fiscal year 1994, P.L. 103-160, or any successor________________________________________________________________________25 schedules in accordance with procedures established pursuant thereto.________________________________________________________________________26 Prior to making such purchases the officer, board or agency shall________________________________________________________________________27 consider whether such purchases will result in cost savings after all________________________________________________________________________28 factors, including charges for service, material, and delivery, have________________________________________________________________________29 been considered.________________30 § 7. Subdivision 2 of section 103 of the general municipal law, as31 amended by section 5 of part X of chapter 62 of the laws of 2003, is32 amended to read as follows:33 2. Advertisement for bids shall be published in the official newspaper34 or newspapers, if any, or otherwise in a newspaper or newspapers desig-35 nated for such purpose, or in the statewide procurement opportunities_______________________________________________36 newsletter. Such advertisement shall contain a statement of the time__________37 when and place where all bids received pursuant to such notice will be38 publicly opened and read, and the designation of the receiving device if39 the political subdivision or district has authorized the receipt of bids40 in an electronic format. Such board or agency may by resolution desig-41 nate any officer or employee to open the bids at the time and place42 specified in the notice. Such designee shall make a record of such bids43 in such form and detail as the board or agency shall prescribe and pres-44 ent the same at the next regular or special meeting of such board or45 agency. All bids received shall be publicly opened and read at the time46 and place so specified. At least five days shall elapse between the47 first publication of such advertisement and the date so specified for48 the opening and reading of bids.49 § 8. Subdivision 2 of section 103 of the general municipal law, as50 amended by chapter 296 of the laws of 1958, is amended to read as51 follows:52 2. Advertisement for bids shall be published in the official newspaper53 or newspapers, if any, or otherwise in a newspaper or newspapers desig-54 nated for such purpose, or in the statewide procurement opportunities__________________________________________________55 newsletter. Such advertisement shall contain a statement of the time__________56 when and place where all bids received pursuant to such notice will be

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1 publicly opened and read. Such board or agency may by resolution desig-2 nate any officer or employee to open the bids at the time and place3 specified in the notice. Such designee shall make a record of such bids4 in such form and detail as the board or agency shall prescribe and pres-5 ent the same at the next regular or special meeting of such board or6 agency. All bids received shall be publicly opened and read at the time7 and place so specified. At least five days shall elapse between the8 first publication of such advertisement and the date so specified for9 the opening and reading of bids.10 § 9. Subdivision 4 of section 142 of the economic development law, as11 amended by chapter 137 of the laws of 2008, is amended to read as12 follows:13 4. The commissioner may publish in the procurement opportunities news-14 letter (a) notices of procurement opportunities originating from poli-15 tical subdivisions of the state or business enterprises, and (b) notices16 from government or potential government contractors seeking subcontrac-17 tors and suppliers, in such form and manner as the commissioner shall18 determine. The commissioner may charge a fee for the publication of such19 notices of procurement opportunities based upon the amounts estimated to20 be necessary to defray the expenses of preparing, publishing, marketing21 and distributing such additional notices of procurement opportunities.22 Notwithstanding the provisions of any other general, special or local________________________________________________________________________23 law to the contrary, the publication requirements shall be deemed suffi-________________________________________________________________________24 cient for any agency or political subdivision of the state with publica-________________________________________________________________________25 tion of such notices of procurement opportunities or other solicitations________________________________________________________________________26 in the procurement opportunities newsletter.____________________________________________27 § 10. Subdivision 7 of section 163 of the state finance law, as sepa-28 rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,29 is amended to read as follows:30 7. Method of procurement. Consistent with the requirements of subdivi-31 sions three and four of this section, state agencies shall select among32 permissible methods of procurement including, but not limited to, an33 invitation for bid, request for proposals or other means of solicitation34 pursuant to guidelines issued by the state procurement council. State35 agencies may accept bids electronically including submission of the___________________________36 statement of non-collusion required by section one hundred thirty-nine-d________________________________________________________________________37 of the state finance law and may[, for technology contracts only,]________________________38 require electronic submission as the sole method for the submission of39 bids for the solicitation, provided that the agency has made a determi-40 nation, which shall be documented in the procurement record, that such41 method affords a fair and equal opportunity for offerers to submit42 responsive offers. Except where otherwise provided by law, procurements43 shall be competitive, and state agencies shall conduct formal compet-44 itive procurements to the maximum extent practicable. State agencies45 shall document the determination of the method of procurement and the46 basis of award in the procurement record. Where the basis for award is47 the best value offer, the state agency shall document, in the procure-48 ment record and in advance of the initial receipt of offers, the deter-49 mination of the evaluation criteria, which whenever possible, shall be50 quantifiable, and the process to be used in the determination of best51 value and the manner in which the evaluation process and selection shall52 be conducted.53 § 11. Subdivision 1 of section 139-d of the state finance law is54 amended by adding a new paragraph (a-1) to read as follows:55 (a-1) Notwithstanding the foregoing, the statement of non-collusion______________________________________________________________________56 may be submitted electronically in accordance with the provisions of________________________________________________________________________

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1 subdivision seven of section one hundred sixty-three of the state________________________________________________________________________2 finance law.____________3 § 12. Section 20 of the public buildings law, as amended by chapter4 640 of the laws of 1989, is amended to read as follows:5 § 20. Work done by special order. The commissioner of general6 services shall determine when minor work of construction, recon-7 struction, alteration or repair of any state building may be done by8 special order. Special orders for such work shall be short-form9 contracts approved by the attorney general and by the comptroller. No10 work shall be done by special order in an amount in excess of [fifty]11 one hundred thousand dollars and a bond shall not be required for___________12 special orders. No work shall be done by special order unless the13 commissioner has presented to the comptroller evidence that he has made14 a diligent effort to obtain competition sufficient to protect the inter-15 ests of the state prior to selecting the contractor to perform the work.16 Notwithstanding the provisions of subdivision two of section eight of17 this chapter, work done by special order under this section may be18 advertised solely through the regular public notification service of the19 office of general services. At least five days shall elapse between the20 first publication of such public notice and the date so specified for21 the public opening of bids. All payments on special orders shall be22 made on the certificate of the commissioner of general services and23 audited and approved by the state comptroller. All special orders shall24 contain a clause that the special order shall only be deemed executory25 to the extent of the moneys available and no liability shall be incurred26 by the state beyond the moneys available for the purpose.27 § 13. This act shall take effect immediately and shall apply to any28 contract let or awarded on or after such date; provided, however, that:29 1. the amendments to subdivision 1 of section 103 of the general30 municipal law made by section one of this act shall not affect the expi-31 ration and reversion of such subdivision as provided in subdivision (a)32 of section 41 of part X of chapter 62 of the laws of 2003, as amended,33 when upon such date the provisions of section two of this act shall take34 effect; and35 2. the amendments to section 103-d of the general municipal law made36 by section four of this act shall expire and be deemed repealed on the37 same date and in the same manner as section 4 of part X of chapter 62 of38 the laws of 2003, as provided in subdivision (a) of section 41 of part X39 of chapter 62 of the laws of 2003, as amended; and40 3. the amendments to subdivision 2 of section 103 of the general41 municipal law made by section seven of this act shall not affect the42 expiration and reversion of such subdivision as provided in subdivision43 (a) of section 41 of part X of chapter 62 of the laws of 2003, as44 amended, when upon such date the provisions of section eight of this act45 shall take effect; and46 4. the amendments to subdivision 7 of section 163 of the state finance47 law made by section ten of this act shall not affect the repeal of such48 subdivision and shall be deemed repealed therewith; and49 5. the amendments to section 139-d of the state finance law made by50 section eleven of this act shall expire and be deemed repealed on the51 same date and in the same manner as section 33 of chapter 83 of the laws52 of 1995, as provided in subdivision 5 of section 362 of chapter 83 of53 the laws of 1995, as amended.

54 PART GG

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1 Section 1. Section 214 of the town law, as amended by chapter 344 of2 the laws of 2005, is amended to read as follows:3 § 214. Oaths, undertakings and compensation of commissioners. Each4 commissioner, before entering upon the duties of his office, shall take5 the constitutional oath of office and execute to the town and file with6 the town clerk an official undertaking in such sum and with such sure-7 ties as the town board may direct. The town board at any time may8 require any such commissioners to file a new official undertaking for9 such sum and with such sureties as the board shall approve. [Such]10 Notwithstanding any provision of any general, special or local law,________________________________________________________________________11 ordinance, resolution, rule or regulation to the contrary, such commis-________________________________________________________________12 sioners [may be paid such an amount as the town board may designate, but13 not to exceed the sum of one hundred dollars per day each for each day14 actually and necessarily spent in the service of the district. Such15 compensation shall be deemed an expense of maintaining the district]16 shall not receive any compensation of any kind, including but not limit-________________________________________________________________________17 ed to wages, salaries, gratuities, vehicles assigned to them, insurance,________________________________________________________________________18 annuities or retirement plans, or any other perquisite or fringe bene-________________________________________________________________________19 fit, but shall be reimbursed for the actual and necessary expenses________________________________________________________________________20 incurred by them in the performance of their duties.___________________________________________________21 § 2. The town law is amended by adding a new section 198-b to read as22 follows:23 § 198-b. Powers of town boards with respect to certain sanitary,______________________________________________________________________24 refuse and garbage districts. 1. Applicability. This section shall apply________________________________________________________________________25 to sanitary districts, refuse and garbage districts, or any similar town________________________________________________________________________26 improvement districts that provide sanitary, refuse, or garbage________________________________________________________________________27 services._________28 2. Powers of town boards in such districts. Notwithstanding any other______________________________________________________________________29 provision of law to the contrary, in such districts all powers and________________________________________________________________________30 duties with respect to the districts, including the powers and duties of________________________________________________________________________31 improvement district commissioners as provided for in section two________________________________________________________________________32 hundred fifteen of this chapter or in any other general, special, or________________________________________________________________________33 local law, and excepting those powers provided for in subdivisions three________________________________________________________________________34 and four of this section, shall reside with the board of the town in________________________________________________________________________35 which such district is located._______________________________36 3. Powers of district commissioners in such districts. In such______________________________________________________________________37 districts that have district commissioners, the commissioners shall________________________________________________________________________38 retain the power and duties to:_______________________________39 (a) Elect officers of the board as currently provided for in subdivi-______________________________________________________________________40 sion one of section two hundred fifteen of this chapter;________________________________________________________41 (b) Give notice of annual election as currently provided for in subdi-______________________________________________________________________42 vision three of section two hundred fifteen of this chapter; and________________________________________________________________43 (c) Provide for a nominating process and the filling of vacancies as______________________________________________________________________44 currently provided for in subdivisions twenty and twenty-one of section________________________________________________________________________45 two hundred fifteen of this chapter.____________________________________46 4. Level of service. In such districts that have district commission-______________________________________________________________________47 ers, the commissioners may also hold a referendum on whether the level________________________________________________________________________48 of service provided by the town shall be increased or decreased. Prior________________________________________________________________________49 to the referendum, the town shall provide cost estimates for such________________________________________________________________________50 increase or such decrease in services that are to be considered in such________________________________________________________________________51 referendum.___________52 5. Transfer of function. Employees of the district who are transferred______________________________________________________________________53 to the town shall be transferred pursuant to the civil service law.___________________________________________________________________54 § 3. The opening paragraph of section 215 of the town law is amended55 to read as follows:

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1 Subject to law and the provisions of this chapter, the commissioners2 of every improvement district shall constitute and be known as the board3 of commissioners of such improvement district. Such board of commission-4 ers, except when restricted by section one hundred ninety-eight-b of_____________________________________________________________________5 this chapter:_____________6 § 4. The town law is amended by adding a new section 217 to read as7 follows:8 § 217. Abolition of offices of commissioners. 1. Resolution. The town______________________________________________________________________9 board of any town may and within thirty days after the date of filing________________________________________________________________________10 with the town clerk of a petition meeting the requirements of subdivi-________________________________________________________________________11 sion two of this section shall adopt a resolution calling a public hear-________________________________________________________________________12 ing upon the abolition of the offices of commissioners in any district________________________________________________________________________13 wholly located in such town, and the transfer to the town board of all________________________________________________________________________14 the rights, powers and duties of such commissioners.____________________________________________________15 2. Petition to initiate. a. The electors of a town improvement______________________________________________________________________16 district may petition to abolish the offices of commissioners by filing________________________________________________________________________17 an original petition, containing not less than the number of signatures________________________________________________________________________18 provided for in paragraph b of this subdivision and in the form provided________________________________________________________________________19 for in paragraph c of this subdivision, with the clerk of the town in________________________________________________________________________20 which the improvement district is located. Accompanying the filed peti-________________________________________________________________________21 tion shall be a cover sheet containing the name, address and telephone________________________________________________________________________22 number of an individual who signed the petition and who will serve as a________________________________________________________________________23 contact person._______________24 b. The petition shall contain the signatures of at least ten percent______________________________________________________________________25 of the number of electors or five thousand electors, whichever is less,________________________________________________________________________26 in the improvement district; provided, however, that where the improve-________________________________________________________________________27 ment district contains five hundred or fewer electors, the petition________________________________________________________________________28 shall contain the signatures of at least twenty percent of the number of________________________________________________________________________29 electors. No signature on a petition is valid unless it is an original________________________________________________________________________30 signature of an elector.________________________31 c. A petition for the abolition of the offices of commissioners shall______________________________________________________________________32 substantially comply with, and be circulated in, the following form:____________________________________________________________________33 PETITION FOR THE ABOLITION OF THE OFFICES OF COMMISSIONERS__________________________________________________________34 We, the undersigned, electors and legal voters of (insert name of________________________________________________________________________35 district), in the town of (insert name of town in which the district is________________________________________________________________________36 located), New York, qualified to vote at the next general or special________________________________________________________________________37 election, respectfully petition that there be submitted to the electors________________________________________________________________________38 of (insert name of district), for their approval or rejection at a________________________________________________________________________39 referendum held for that purpose, a proposal to abolish the offices of________________________________________________________________________40 commissioners of (insert name of district).___________________________________________41 In witness whereof, we have signed our names on the dates indicated next________________________________________________________________________42 to our signatures.__________________43 Date Name - print name under signature Home Addresses____ _________________________________ ______________44 1. _______ _________________________________ ________________ _______ _________________________________ ______________45 2. _______ _________________________________ ________________ _______ _________________________________ ______________46 3. _______ _________________________________ ________________ _______ _________________________________ ______________47 (On the bottom of each page of the petition, after all of the numbered________________________________________________________________________48 signatures, insert a signed statement of a witness who is a duly quali-________________________________________________________________________49 fied voter of the state of New York. Such a statement shall be accepted________________________________________________________________________50 for all purposes as the equivalent of an affidavit, and if it contains a________________________________________________________________________51 material false statement, shall subject the person signing it to the________________________________________________________________________52 same penalties as if he or she has been duly sworn. The form of such________________________________________________________________________53 statement shall be substantially as follows:____________________________________________

54 I, (insert name of witness), state that I am a duly qualified voter of________________________________________________________________________55 the State of New York. Each of the persons that have signed this peti-________________________________________________________________________

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1 tion sheet containing (insert number) signatures, have signed their________________________________________________________________________2 names in my presence on the dates indicated above and identified them-________________________________________________________________________3 selves to be the same person who signed the sheet. I understand that________________________________________________________________________4 this statement will be accepted for all purposes as the equivalent of an________________________________________________________________________5 affidavit, and if it contains a materially false statement, shall________________________________________________________________________6 subject me to the penalties of perjury._______________________________________7 _________ ______________________________________________ _____________________________________8 Date Signature of Witness)____ _____________________

9 (In lieu of the signed statement of a witness who is a duly qualified________________________________________________________________________10 voter of the state of New York, the following statement signed by a________________________________________________________________________11 notary public or a commissioner of deeds shall be accepted:___________________________________________________________

12 On the date above indicated before me personally came each of the elec-________________________________________________________________________13 tors and legal voters whose signatures appear on this petition sheet________________________________________________________________________14 containing (insert number) signatures, who signed the petition in my________________________________________________________________________15 presence and who, being by me duly sworn, each for himself or herself,________________________________________________________________________16 identified himself or herself as the one and same person who signed the________________________________________________________________________17 petition and that the foregoing information they provided was true.___________________________________________________________________18 _________ _______________________________________________ ______________________________________19 Date Notary Public or Commissioner of Deeds)____ _______________________________________20 d. An alteration or correction of information appearing on a______________________________________________________________________21 petition's signature line, other than an uninitialed signature and date,________________________________________________________________________22 shall not invalidate such signature.____________________________________23 e. In matters of form, this subdivision shall be given a liberal______________________________________________________________________24 construction, and precise compliance is not required._____________________________________________________25 f. Within ten days of the filing of the petition, the clerk with whom______________________________________________________________________26 the petition was filed shall make a final determination regarding the________________________________________________________________________27 sufficiency of the signatures on the petition and provide timely written________________________________________________________________________28 notice of such determination to the contact person named in the cover________________________________________________________________________29 sheet accompanying the petition. The contact person or any individual________________________________________________________________________30 who signed the petition may seek judicial review of such determination________________________________________________________________________31 in a proceeding pursuant to article seventy-eight of the civil practice________________________________________________________________________32 law and rules.______________33 3. Notice. The town clerk shall give notice of such hearing by the______________________________________________________________________34 publication of a notice in at least one but not more than two newspapers________________________________________________________________________35 designated pursuant to subdivision eleven of section sixty-four of this________________________________________________________________________36 chapter. Such notice shall specify the time when and the place where________________________________________________________________________37 such hearing will be held and shall specifically state that the offices________________________________________________________________________38 of commissioners are proposed to be abolished. The first publication of________________________________________________________________________39 such notice shall be at least ten days prior to the time fixed for such________________________________________________________________________40 public hearing._______________41 4. Hearing. The town board shall meet at the time and place specified______________________________________________________________________42 in such notice and hear all persons interested in the subject matter________________________________________________________________________43 thereof concerning the same. a. If the town board adopted the resol-________________________________________________________________________44 ution calling the public hearing without a petition to initiate being________________________________________________________________________45 filed with the town clerk pursuant to subdivision two of this section,________________________________________________________________________46 and if the town board shall determine upon the evidence given thereat________________________________________________________________________47 that it is in the public interest to abolish the offices of commission-________________________________________________________________________48 ers, the board may adopt a resolution subject to a permissive referen-________________________________________________________________________49 dum, so abolishing the offices of commissioners.________________________________________________50 b. If the town board adopted the resolution calling the public hearing______________________________________________________________________51 because a petition to initiate was filed with the town clerk pursuant to________________________________________________________________________52 subdivision two of this section, the town board shall adopt a resolution________________________________________________________________________53 abolishing the offices of commissioners and shall adopt a resolution to________________________________________________________________________

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1 hold a special election upon the proposition as if a petition had been________________________________________________________________________2 filed pursuant to subdivision six of this section.__________________________________________________3 5. Notice of adoption of resolution. Within ten days after the______________________________________________________________________4 adoption by the town board of a resolution abolishing the offices of________________________________________________________________________5 commissioners in any district, the town clerk shall give notice thereof________________________________________________________________________6 at the expense of the district, by the publication of a notice in at________________________________________________________________________7 least one but not more than two newspapers designated pursuant to subdi-________________________________________________________________________8 vision eleven of section sixty-four of this chapter. In addition, the________________________________________________________________________9 town clerk shall post or cause to be posted on the bulletin board in his________________________________________________________________________10 or her office a copy of such notice. In the event that the town main-________________________________________________________________________11 tains a website, such information may also be provided on the website.________________________________________________________________________12 Such notice shall set forth the date of adoption of the resolution and________________________________________________________________________13 contain an abstract of such resolution and shall specify that the________________________________________________________________________14 offices of commissioners shall be abolished subject to permissive or________________________________________________________________________15 mandatory (as applicable) referendum._____________________________________16 6. Petition. The resolution of the town board abolishing the offices______________________________________________________________________17 of commissioners shall not take effect until forty-five days after its________________________________________________________________________18 adoption; nor until approved by the affirmative vote of a majority of________________________________________________________________________19 the qualified electors of such district voting upon such proposition, if________________________________________________________________________20 within forty-five days after its adoption, there be filed with the town________________________________________________________________________21 clerk a petition circulated, signed and authenticated in substantial________________________________________________________________________22 compliance with the provisions of subdivision two of this section, that________________________________________________________________________23 contains the signatures of at least twenty-five percent of the number of________________________________________________________________________24 electors or fifteen thousand electors, whichever is less, in the town________________________________________________________________________25 improvement district protesting against such resolution and requesting________________________________________________________________________26 that it be submitted to the qualified electors of the district affected,________________________________________________________________________27 for their approval or disapproval. The town clerk shall cause to be________________________________________________________________________28 prepared and have available for distribution proper forms for the peti-________________________________________________________________________29 tion and shall distribute a supply to any person requesting the same._____________________________________________________________________30 7. Notice of election. If such a petition shall be filed with the town______________________________________________________________________31 clerk, the town board shall adopt a resolution specifying a date not________________________________________________________________________32 less than twenty nor more than thirty days thereafter for the holding of________________________________________________________________________33 a special election, fixing the hours of opening and closing of the________________________________________________________________________34 polls, designating the voting place and setting forth, in full, the________________________________________________________________________35 proposition to be voted upon. The town board shall designate a voting________________________________________________________________________36 place and not less than two or more than four persons to act as election________________________________________________________________________37 inspectors and ballot clerks. Each of such persons shall be a qualified________________________________________________________________________38 elector of such district and such election inspectors and ballot clerks________________________________________________________________________39 shall receive for their services an amount to be fixed by the town board________________________________________________________________________40 but not to exceed ten dollars each. The polls shall remain open from six________________________________________________________________________41 o'clock in the evening until nine o'clock in the evening and such addi-________________________________________________________________________42 tional consecutive hours prior thereto as the town board may determine._______________________________________________________________________43 8. Election. The voting upon such proposition shall be by ballot and______________________________________________________________________44 the town clerk shall cause such ballots to be prepared. No person shall________________________________________________________________________45 be entitled to vote upon any such proposition unless he or she has the________________________________________________________________________46 following qualifications: a. is an elector of the town, and b. is a________________________________________________________________________47 resident of such district.__________________________48 9. Canvass. Upon the closing of the polls at any such election, the______________________________________________________________________49 election inspectors and ballot clerks shall immediately canvass the________________________________________________________________________50 ballots cast and shall complete such canvass without adjournment. As________________________________________________________________________51 soon as possible after completion, they shall file with the town clerk a________________________________________________________________________52 certificate setting forth the holding of such election, the number of________________________________________________________________________53 votes cast, the number of votes cast for and against such proposition,________________________________________________________________________54 together with the name and address of every person voting at such________________________________________________________________________55 election._________

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1 10. Adoption. A proposition for the abolition of the offices of______________________________________________________________________2 commissioners shall require for its adoption the affirmative vote of a________________________________________________________________________3 majority of the electors voting thereon. If any proposition so submitted________________________________________________________________________4 shall not be adopted, the town board shall not adopt a similar resol-________________________________________________________________________5 ution abolishing the offices of commissioners within one year from the________________________________________________________________________6 date of the original resolution.________________________________7 11. Expense. The expense of conducting any such election, including______________________________________________________________________8 the publication of notices, the printing of ballots, the compensation of________________________________________________________________________9 election inspectors and ballot clerks and all other expense occasioned________________________________________________________________________10 by the election shall be a charge against the district affected.________________________________________________________________11 12. Abolition of offices of commissioners. Whenever any resolution______________________________________________________________________12 shall become effective pursuant to this section abolishing the offices________________________________________________________________________13 of commissioners in any district and transferring to the town board all________________________________________________________________________14 the powers and duties thereof, the offices of commissioners existing in________________________________________________________________________15 any affected district shall be abolished as of the thirty-first day of________________________________________________________________________16 December next succeeding, provided, however, that if any such resolution________________________________________________________________________17 be adopted subsequent to the first day of October in any year, the________________________________________________________________________18 offices of commissioners shall be abolished on the thirty-first day of________________________________________________________________________19 December of the next succeeding calendar year. When such offices of________________________________________________________________________20 commissioners shall be abolished, the commissioners of such district________________________________________________________________________21 shall: a. deliver to the town clerk within ten days all the records,________________________________________________________________________22 books and papers of such commissioners, b. deliver to the supervisor all________________________________________________________________________23 funds, c. deliver to the town board all other property in their________________________________________________________________________24 possession or under their control and d. make complete and proper________________________________________________________________________25 accounting therefor to the town board. All powers previously exercised________________________________________________________________________26 by such commissioners whose offices are so abolished shall thereafter be________________________________________________________________________27 vested in and exercised by the town board.__________________________________________28 § 5. This act shall take effect immediately; provided, however, that29 sections one, two and three of this act shall take effect January 1,30 2011.

31 PART HH

32 Section 1. Subdivision 3 of section 66-a of the public officers law is33 REPEALED and a new subdivision 3 is added to read as follows:34 3. Notwithstanding the provisions of section twenty-three hundred______________________________________________________________________35 seven of the civil practice law and rules, this chapter, or any other________________________________________________________________________36 law to the contrary, any county, city, town or village, upon adoption of________________________________________________________________________37 a local law, is hereby authorized to require the police department or________________________________________________________________________38 force of such county, city, town or village to charge fees for the________________________________________________________________________39 search for accident reports, certified copies thereof, photographs and________________________________________________________________________40 contact sheets at rates not to exceed the rates authorized for the divi-________________________________________________________________________41 sion of state police pursuant to subdivision two of this section;________________________________________________________________________42 provided, however, that no fee shall be charged for a photocopy of an________________________________________________________________________43 accident report. The fees for investigative reports shall be the same as________________________________________________________________________44 those for accident reports. Any county whose police department charges________________________________________________________________________45 any of the fees authorized by this subdivision prior to the effective________________________________________________________________________46 date of this subdivision may, however, continue such fees at the rate in________________________________________________________________________47 effect at such time or may, upon adoption of a local law, increase such________________________________________________________________________48 fees to the same rate authorized by this subdivision._____________________________________________________49 § 2. Paragraph d of subdivision 1 of section 10 of the general munici-50 pal law, as amended by chapter 623 of the laws of 1998, is amended to51 read as follows:52 d. "Bank" shall mean a bank as defined by the banking law or a53 national banking association located and authorized to do business in54 New York; a credit union as defined by the banking law located and________________________________________________________________

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1 authorized to do business in New York which has its principal office in________________________________________________________________________2 a location described in paragraph (a) of subdivision thirty-seven of________________________________________________________________________3 section four hundred fifty-four of the banking law, or a branch office________________________________________________________________________4 in a location described in paragraph (b) of subdivision thirty-seven of________________________________________________________________________5 section four hundred fifty-four of the banking law; or a savings bank as________________________________________________________________________6 defined by the banking law, a savings and loan association as defined by________________________________________________________________________7 the banking law or a federal savings association located and authorized________________________________________________________________________8 to do business in New York which has its principal office in a location________________________________________________________________________9 described in paragraph (a) of subdivision two of section two hundred________________________________________________________________________10 thirty-seven of the banking law, or a branch office in a location________________________________________________________________________11 described in paragraph (b) of subdivision two of section two hundred________________________________________________________________________12 thirty-seven of the banking law._______________________________13 § 3. Section 454 of the banking law is amended by adding a new subdi-14 vision 37 to read as follows:15 37. (a) To accept deposits for credit to a local government, as______________________________________________________________________16 defined in paragraph a of subdivision one of section ten of the general________________________________________________________________________17 municipal law, at its principal office where such credit union maintains________________________________________________________________________18 its principal office within the jurisdiction of such local government.______________________________________________________________________19 (b) To accept deposits for credit to a local government, as defined in______________________________________________________________________20 paragraph a of subdivision one of section ten of the general municipal________________________________________________________________________21 law, at its branch office where such credit union maintains a branch________________________________________________________________________22 office within the jurisdiction of such local government.________________________________________________________23 § 4. The banking law is amended by adding a new section 454-a to read24 as follows:25 § 454-a. Deposits of public money with credit unions; security. A______________________________________________________________________26 credit union may accept deposits of public money subject to the limita-________________________________________________________________________27 tions provided in subdivision thirty-seven of section four hundred________________________________________________________________________28 fifty-four of this article. Such credit union shall pledge assets or________________________________________________________________________29 furnish other security satisfactory in form and amount to the depositor,________________________________________________________________________30 for the repayment of monies held in the name of such depositor, when________________________________________________________________________31 required to be secured by applicable law, decree or regulation._______________________________________________________________32 § 5. Subdivision 2 of section 237 of the banking law, as amended by33 chapter 360 of the laws of 1984, is amended to read as follows:34 2. [No savings bank shall accept any deposit for credit to any munici-35 pal corporation.] (a) A savings bank which maintains its principal____________________________________________________36 office within a local government, as defined in paragraph a of subdivi-________________________________________________________________________37 sion one of section ten of the general municipal law, may accept depos-________________________________________________________________________38 its at such principal office for credit to such local government._________________________________________________________________39 (b) A savings bank which maintains a branch office within a local______________________________________________________________________40 government, as defined in paragraph a of subdivision one of section ten________________________________________________________________________41 of the general municipal law, may accept deposits at such branch office________________________________________________________________________42 for credit to such local government.____________________________________43 § 6. Section 234 of the banking law is amended by adding a new subdi-44 vision 26 to read as follows:45 26. Pursuant to subdivision two of section two hundred thirty-seven of______________________________________________________________________46 this article, to pledge assets or furnish other security satisfactory in________________________________________________________________________47 form and amount to the depositor, for the repayment of monies held in________________________________________________________________________48 the name of such depositor, when required to be secured by applicable________________________________________________________________________49 law, decree or regulation and to exercise the powers contained in________________________________________________________________________50 section ninety-six-b of this chapter._____________________________________51 § 7. Section 383 of the banking law is amended by adding a new subdi-52 vision 17 to read as follows:53 17. Pursuant to subdivision two of section two hundred thirty-seven of______________________________________________________________________54 this chapter, to pledge assets or furnish other security satisfactory in________________________________________________________________________55 form and amount to the depositor, for the repayment of monies held in________________________________________________________________________56 the name of such depositor, when required to be secured by applicable________________________________________________________________________

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1 law, decree or regulation and to exercise the powers contained in________________________________________________________________________2 section ninety-six-b of this chapter._____________________________________3 § 8. Subdivision 4 of section 209-b of the general municipal law, as4 amended by chapter 718 of the laws of 1958, is amended and a new subdi-5 vision 6 is added to read as follows:6 4. Fees and charges [prohibited] authorized. Emergency and general__________7 ambulance service, including emergency medical service, authorized__________________________________________8 pursuant to this section [shall] may be furnished without cost to the___9 person served; provided, however, the authorities having control of a___________________________________________________________10 fire department or fire company, except in cities of one million or________________________________________________________________________11 more, who have authorized such fire department or fire company to________________________________________________________________________12 provide such service or services, may establish fees and charges for________________________________________________________________________13 services rendered. Such authorities may formulate rules and regulations________________________________________________________________________14 for the collection of such fees and charges. The acceptance by any_______________________________________________15 fireman of any personal remuneration or gratuity, directly or indirect-16 ly, from a person served shall be a ground for [his] expulsion or17 suspension as a member of the fire department or fire company.18 6. The term "emergency medical service" as used in this section means______________________________________________________________________19 initial emergency medical assistance including, but not limited to, the________________________________________________________________________20 treatment of trauma, burns, respiratory, circulatory and obstetrical________________________________________________________________________21 emergencies.____________22 § 9. The general municipal law is amended by adding a new section23 207-r to read as follows:24 § 207-r. Police protection at special events. A municipality may adopt______________________________________________________________________25 a local law to provide that the person or persons responsible for either________________________________________________________________________26 operating, conducting, promoting, or sponsoring any special event, exhi-________________________________________________________________________27 bition, or contest to be held in the municipality at which a price for________________________________________________________________________28 admission or attendance is charged or is to be charged shall pay the________________________________________________________________________29 costs incurred by the municipality as a result of providing additional________________________________________________________________________30 police personnel, if any, beyond the normal number of officers who would________________________________________________________________________31 have otherwise been on duty. The local law shall identify the type or________________________________________________________________________32 types of special events, exhibitions, or contests for which an activ-________________________________________________________________________33 ity's operator, conductor, promoter, or sponsor may be charged for addi-________________________________________________________________________34 tional police personnel that is either requested by the operator,________________________________________________________________________35 conductor, promoter, or sponsor or determined to be necessary by the________________________________________________________________________36 municipality. The local law may also provide that: (a) the operator,________________________________________________________________________37 conductor, promoter, or sponsor of the activity shall complete such________________________________________________________________________38 forms or applications providing the information deemed necessary by the________________________________________________________________________39 municipality to determine whether any additional police personnel should________________________________________________________________________40 be scheduled for the event; (b) the local law shall not apply to any________________________________________________________________________41 corporation formed under the not-for-profit corporation law; and (c) the________________________________________________________________________42 operator, conductor, promoter, or sponsor of the activity shall pay all________________________________________________________________________43 or a portion of the estimated cost of additional police protection prior________________________________________________________________________44 to the commencement of the event._________________________________45 § 10. Section 20-b of the general city law, as amended by chapter 31046 of the laws of 1962, the opening paragraph as amended by chapter 287 of47 the laws of 1979, is amended to read as follows:48 § 20-b. Cities authorized to impose taxes on utilities. 1. Notwith-__49 standing any other provisions of law to the contrary, any city of this50 state, acting through its local legislative body, is hereby authorized51 and empowered to adopt and amend local laws imposing in any such city a52 tax such as was imposed by section one hundred eighty-six-a of the tax53 law, in effect on January first, nineteen hundred fifty-nine, except54 that the rate thereof shall not exceed [one] three per centum of gross_____55 income or of gross operating income, as the case may be, and may make56 provision for the collection thereof by the chief fiscal officer of such

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1 city; provided, however, [that the rate of such tax imposed by the2 cities of Rochester, Buffalo and Yonkers shall not exceed three per3 centum of gross income or gross operating income, as the case may be;4 and provided further] that nothing herein contained shall be construed5 so as to prevent any city from adopting local laws exempting from such6 tax [omnibus corporations] common carriers subject to the supervision of_______________7 the [state department of public service] commissioner of transportation______________________________8 under article [three-a] five of the [public service] transportation law.____ ______________9 A tax imposed pursuant to this section shall have application only with-10 in the territorial limits of any such city, and shall be in addition to11 any and all other taxes. This section shall not authorize the imposition12 of a tax on any transaction originating or consummated outside of the13 territorial limits of any such city, notwithstanding that some act be14 necessarily performed with respect to such transaction within such15 limits.16 2. Revenues resulting from the imposition of taxes authorized by this__17 section heretofore or hereafter imposed shall be paid into the treasury18 of the city imposing the same, and shall be credited to and deposited in19 the general fund of such city.20 3. All of the provisions of section one hundred eighty-six-a of the__21 tax law, so far as the same are or can be made applicable, with such22 limitations as are set forth in this section, and such modifications as23 may be necessary in order to adapt such taxes to local conditions shall24 apply to the taxes authorized by this section.25 4. Any final determination of the amount of any tax payable hereunder__26 shall be reviewable for error, illegality or unconstitutionality or any27 other reason whatsoever by a proceeding under article seventy-eight of28 the civil practice law and rules if application therefor is made to the29 supreme court within thirty days after the giving of the notice of such30 final determination, provided, however, that any such proceeding under31 article seventy-eight of the civil practice law and rules shall not be32 instituted unless the amount of any tax sought to be reviewed, with such33 interest and penalties thereon as may be provided for by local law or34 regulation, shall be first deposited and an undertaking filed, in such35 amount and with such sureties as a justice of the supreme court shall36 approve to the effect that if such proceeding be dismissed or the tax37 confirmed the petitioner will pay all costs and charges which may accrue38 in the prosecution of such proceeding.39 5. Where any tax imposed hereunder shall have been erroneously, ille-__40 gally or unconstitutionally collected and application for the refund41 thereof duly made to the proper fiscal officer or officers, and such42 officer or officers shall have made a determination denying such refund,43 such determination shall be reviewable by a proceeding under article44 seventy-eight of the civil practice law and rules, provided, however,45 that such proceeding is instituted within thirty days after the giving46 of the notice of such denial, that a final determination of tax due was47 not previously made, and that an undertaking is filed with the proper48 fiscal officer or officers in such amount and with such sureties as a49 justice of the supreme court shall approve to the effect that if such50 proceeding be dismissed or the tax confirmed, the petitioner will pay51 all costs and charges which may accrue in the prosecution of such52 proceeding.53 § 11. Subdivision 1 of section 5-530 of the village law is amended to54 read as follows:55 l. Notwithstanding any other provisions of law to the contrary, any56 village is hereby authorized and empowered to adopt and amend local laws

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1 imposing in any such village a tax such as was imposed by section one2 hundred eighty-six-a of the tax law, in effect on January first, nine-3 teen hundred fifty-nine, except that the rate thereof shall not exceed4 [one] three per centum of gross income or of gross operating income, as_____5 the case may be, and may make provision for the collection thereof by6 the chief fiscal officer of such village; provided, however, that noth-7 ing herein contained shall be construed so as to prevent any village8 from adopting local laws exempting from such tax [omnibus corporations]9 common carriers subject to the supervision of the [state department of_______________10 public service] commissioner of transportation under article [three-a]______________________________11 five of the [public service] transportation law. A tax imposed pursuant____ ______________12 to this section shall have application only within the territorial13 limits of any such village, and shall be in addition to any and all14 other taxes. This section shall not authorize the imposition of a tax on15 any transaction originating or consummated outside of the territorial16 limits of any such village, notwithstanding that some act be necessarily17 performed with respect to such transaction within such limits.18 § 12. This act shall take effect immediately and shall be deemed to19 have been in full force and effect on and after April 1, 2010; provided,20 however, that:21 (a) sections two through seven of this act shall take effect on the22 ninetieth day after this act shall have become a law;23 (b) section eight of this act shall take effect on the thirtieth day24 after this act shall have become a law; and25 (c) section nine of this act shall take effect on the one hundred26 eightieth day after this act shall have become a law.

27 PART II

28 Section 1. Section 2799-uu of the public authorities law, as renum-29 bered by section 1 of part A-3 of chapter 58 of the laws of 2006, is30 renumbered section 2799-vv and a new section 2799-uu is added to read as31 follows:32 § 2799-uu. Federal subsidy bonds of the authority. Notwithstanding______________________________________________________________________33 any inconsistent provision of law, including but not limited to subdivi-________________________________________________________________________34 sion three of section twenty-seven hundred ninety-nine-gg of this title,________________________________________________________________________35 the authority is hereby authorized to issue federal subsidy bonds, notes________________________________________________________________________36 or other obligations subject to section 54F of the internal revenue code________________________________________________________________________37 of 1986, as amended, without regard to the limitations on sinking fund________________________________________________________________________38 bonds imposed by the local finance law, as amended from time to time, so________________________________________________________________________39 long as such bonds are amortized through stated maturities, mandatory________________________________________________________________________40 redemption, contributions to an invested sinking fund or any combination________________________________________________________________________41 thereof providing, with other bonds of the same issue, if any, for________________________________________________________________________42 substantially level or declining debt service as defined in section________________________________________________________________________43 21.00 of the local finance law, as amended from time to time. Bonds________________________________________________________________________44 issued pursuant to this section shall have a maximum maturity of up to________________________________________________________________________45 twenty years._____________46 § 2. This act shall take effect immediately.

47 PART JJ

48 Section 1. The state comptroller is hereby authorized and directed to49 loan money in accordance with the provisions set forth in subdivision 550 of section 4 of the state finance law to the following funds and/or51 accounts:52 1. Tuition reimbursement fund (050):

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1 a. Tuition reimbursement account (01).2 b. Proprietary vocational school supervision account (02).3 2. Local government records management improvement fund (052):4 a. Local government records management account (01).5 3. Dedicated highway and bridge trust fund (072):6 a. Highway and bridge capital account (01).7 4. State University Residence Hall Rehabilitation Fund (074).8 5. State parks infrastructure trust fund (076):9 a. State parks infrastructure account (01).10 6. Clean water/clean air implementation fund (079).11 7. State lottery fund (160):12 a. Education - New (03).13 b. VLT - Sound basic education fund (06).14 8. Medicaid management information system escrow fund (179).15 9. Federal operating grants fund (290) federal capital grants fund16 (291).17 10. Sewage treatment program management and administration fund (300).18 11. Environmental conservation special revenue fund (301):19 a. Hazardous bulk storage account (F7).20 b. Utility environmental regulation account (H4).21 c. Low level radioactive waste siting account (K5).22 d. Recreation account (K6).23 e. Conservationist magazine account (S4).24 f. Environmental regulatory account (S5).25 g. Natural resource account (S6).26 h. Mined land reclamation program account (XB).27 i. Federal grants indirect cost recovery account (IC).28 12. Environmental protection and oil spill compensation fund (303).29 13. Hazardous waste remedial fund (312):30 a. Site investigation and construction account (01).31 b. Hazardous waste remedial clean up account (06).32 14. Mass transportation operating assistance fund (313):33 a. Public transportation systems account (01).34 b. Metropolitan mass transportation (02).35 15. Clean air fund (314):36 a. Operating permit program account (01).37 b. Mobile source account (02).38 16. Centralized services fund (323).39 17. State exposition special fund (325).40 18. Agency enterprise fund (331):41 a. OGS convention center account (55).42 19. Agencies internal service fund (334):43 a. Archives records management account (02).44 b. Federal single audit account (05).45 c. Civil service law: sec 11 admin account (09).46 d. Civil service EHS occupational health program account (10).47 e. Banking services account (12).48 f. Cultural resources survey account (14).49 g. Neighborhood work project (17).50 h. Automation & printing chargeback account (18).51 i. OFT NYT account (20).52 j. Data center account (23).53 k. Human service telecom account (24).54 l. Centralized Technology services account (30).55 m. OMRDD copy center account (26).56 n. Intrusion detection account (27).

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1 o. Domestic violence grant account (28).2 p. Learning management system account.3 20. Miscellaneous special revenue fund (339):4 a. Statewide planning and research cooperative system account (03).5 b. OMRDD provider of service account (05).6 c. New York state thruway authority account (08).7 d. Mental hygiene patient income account (13).8 e. Financial control board account (15).9 f. Regulation of racing account (16).10 g. New York metropolitan transportation council account (17).11 h. Quality of care account (20).12 i. Cyber upgrade account (25).13 j. Certificate of need account (26).14 k. Hospital and nursing home management account (44).15 l. State university dormitory income reimbursable account (47).16 m. Energy research account (60).17 n. Criminal justice improvement account (62).18 o. Fingerprint identification and technology account (68).19 p. Environmental laboratory reference fee account (81).20 q. Clinical laboratory reference system assessment account (90).21 r. Public employment relations board account (93).22 s. Radiological health protection account (95).23 t. Teacher certification account (A4).24 u. Banking department account (A5).25 v. Cable television account (A6).26 w. Indirect cost recovery account (AH).27 x. High school equivalency program account (AI).28 y. Rail safety inspection account (AQ).29 z. Child support revenue account (AX).30 aa. Multi-agency training account (AY).31 bb. Critical infrastructure account (B3).32 cc. Insurance department account (B6).33 dd. Bell jar collection account (BJ).34 ee. Industry and utility service account (BK).35 ff. Real property disposition account (BP).36 gg. Parking account (BQ).37 hh. Asbestos safety training program account (BW).38 ii. Improvement of real property tax administration account (BZ).39 jj. Public service account (C3).40 kk. Batavia school for the blind account (D9).41 ll. Investment services account (DC).42 mm. Surplus property account (DE).43 nn. OMRDD day services account (DH).44 oo. Financial oversight account (DI).45 pp. Regulation of indian gaming account (DT).46 qq. Special conservation activities account (CU).47 rr. Interest assessment account (DZ).48 ss. Office of the professions account (E3).49 tt. Rome school for the deaf account (E6).50 uu. Seized assets account (E8).51 vv. Administrative adjudication account (E9).52 ww. Federal salary sharing account (EC).53 xx. Cultural education account (EN).54 yy. Examination and miscellaneous revenue account (ER).55 zz. Transportation regulation account (F1).56 aaa. Local services account (G3).

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1 bbb. Electronic benefit transfer and common benefit identification2 card account (GD).3 ccc. Housing special revenue account (H2).4 ddd. Department of motor vehicles compulsory insurance account (H7).5 eee. Housing Indirect cost recovery (HI).6 fff. Housing credit agency application fee account (J5).7 ggg. EPIC premium account (J6).8 hhh. Federal gasoline and diesel fuel excise tax account (L6).9 iii. OTDA earned revenue account (L7).10 jjj. Low income housing credit monitoring fee account (NG).11 kkk. Procurement opportunities newsletter account (P4).12 lll. Corporation administration account (P6).13 mmm. Montrose veteran's home account (Q6).14 nnn. Excelsior capital corporation reimbursement account (R1).15 ooo. Motor fuel quality account (R4).16 ppp. Deferred compensation administration account (R7).17 qqq. Rent revenue other account (RR).18 rrr. Batavia medicaid income account (S1).19 sss. Rent revenue account (S8).20 ttt. Tax revenue arrearage account (TR).21 uuu. Solid waste management account (W3).22 vvv. Occupational health clinics account (W4).23 www. Capacity contracting (XU).24 xxx. Point insurance reduction program account.25 yyy. Internet point insurance reduction program account.26 zzz. Mental hygiene program fund account (10).27 aaaa. Third party debt collection account.28 21. State university income fund (345):29 a. State university general income offset account (11).30 22. State police and motor vehicle law enforcement fund (354):31 a. State police motor vehicle law enforcement account (02).32 23. Youth facilities improvement fund (357):33 a. Youth facilities improvement account (01).34 24. Highway safety program fund (362):35 a. Highway safety program account (01).36 25. Drinking water program management and administration fund (366):37 a. EFC drinking water program account (01).38 b. DOH drinking water program account (02).39 26. New York city county clerks offset fund (368):40 a. NYCCC operating offset account (01).41 27. Housing assistance fund (374).42 28. Housing program fund (376).43 29. Department of transportation - engineering services fund (380):44 a. Highway facility purpose account (01).45 30. Miscellaneous capital projects fund (387):46 a. Clean air capital account (08).47 b. New York racing account.48 31. Mental hygiene facilities capital improvement fund (389).49 32. Joint labor/management administration fund (394):50 a. Joint labor/management administration fund (01).51 33. Audit and control revolving fund (395):52 a. Executive direction internal audit account (04).53 34. Health insurance internal service fund (396):54 a. Health insurance internal service account (00).55 b. Civil service employee benefits div admin (01).56 35. Correctional industries revolving fund (397).

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1 36. Correctional facilities capital improvement fund (399).2 37. HCRA resources fund (061):3 a. EPIC premium account (J6).4 b. Maternal and child HIV services account (LC).5 c. Hospital based grants program account (AF).6 d. Child health plus program account (29).7 § 1-a. The state comptroller is hereby authorized and directed to loan8 money in accordance with the provisions set forth in subdivision 5 of9 section 4 of the state finance law to any account within the following10 federal funds, provided the comptroller has made a determination that11 sufficient federal grant award authority is available to reimburse such12 loans:13 1. Federal USDA-food nutrition services fund (261).14 2. Federal health and human services fund (265).15 3. Federal education grants fund (267).16 4. Federal block grant fund (269).17 5. Federal operating grants fund (290).18 6. Federal capital projects fund (291).19 7. Federal unemployment insurance administration fund (480).20 8. Federal unemployment insurance occupational training fund (484).21 9. Federal employment and training grants (486).22 § 2. Notwithstanding any law to the contrary, and in accordance with23 section 4 of the state finance law, the comptroller is hereby authorized24 and directed to transfer, upon request of the director of the budget, on25 or before March 31, 2011, up to the unencumbered balance or the follow-26 ing amounts:27 Economic Development and Public Authorities:28 1. $100,000 from the miscellaneous special revenue fund (339) under-29 ground facilities safety training account (US), to the general fund.30 2. An amount up to the unencumbered balance from the miscellaneous31 special revenue fund (339), business and licensing services account32 (AG), to the general fund.33 3. $14,810,000 from the miscellaneous special revenue fund (339), code34 enforcement account (07), to the general fund.35 Education:36 1. $2,281,000,000 from the general fund to the state lottery fund37 (160), education account (03), as reimbursement for disbursements made38 from such fund for supplemental aid to education pursuant to section39 92-c of the state finance law that are in excess of the amounts deposit-40 ed in such fund for such purposes pursuant to section 1612 of the tax41 law.42 2. $562,000,000 from the general fund to the state lottery fund (160),43 VLT education account (06), as reimbursement for disbursements made from44 such fund for supplemental aid to education pursuant to section 92-c of45 the state finance law that are in excess of the amounts deposited in46 such fund for such purposes pursuant to section 1612 of the tax law.47 3. Moneys from the state lottery fund (160) up to an amount deposited48 in such fund pursuant to section 1612 of the tax law in excess of the49 current year appropriation for supplemental aid to education pursuant to50 section 92-c of the state finance law.51 4. $300,000 from the local government records management improvement52 fund (052) to the archives partnership trust fund (024).53 5. $700,000 from the general fund to the miscellaneous special revenue54 fund (339), Batavia school for the blind account (D9).55 6. $400,000 from the general fund to the miscellaneous special revenue56 fund (339), Rome school for the deaf account (E6).

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1 7. $1,500,000 from the general fund for the private schools for the2 blind and deaf may be transferred to the department of health miscella-3 neous special revenue fund (339), quality assurance and audit revenue4 activities account (GB). Notwithstanding any other law, rule or regu-5 lation to the contrary, funds shall be available for transfer to the6 department of health miscellaneous special revenue fund (339), quality7 assurance and audit revenue activities account (GB), upon the approval8 by the director of the budget of a staffing and expenditure plan devel-9 oped by the department of health in consultation with the state educa-10 tion department.11 8. $55,000,000 from the state university dormitory income fund (330)12 to the state university residence hall rehabilitation fund (074).13 9. $315,000,000 from the state university dormitory income fund (330)14 to the miscellaneous special revenue fund (339), state university dormi-15 tory income reimbursable account (47).16 10. $1,000,000 from the miscellaneous special revenue fund (339),17 cultural education account (EN), to the miscellaneous special revenue18 fund (339), summer school of the arts account (38).19 11. $24,000,000 from any of the state education department special20 revenue and internal service funds to the miscellaneous special revenue21 fund (339), indirect cost recovery account (AH).22 12. $8,318,000 from the general fund to the state university income23 fund (345), state university income offset account (11), for the state's24 share of repayment of the STIP loan.25 Environmental Affairs:26 1. $500,000 from the department of transportation's federal capital27 projects fund (291) to the office of parks and recreation federal oper-28 ating grants fund (290), miscellaneous operating grants account.29 2. $5,000,000 from the general fund to the hazardous waste remedial30 fund (312), hazardous waste remediation oversight and assistance account31 (00).32 3. $1,000,000 from the special revenue fund (339), snowmobile account33 (41), to the general fund.34 4. $16,000,000 from any of the department of environmental conserva-35 tion's special revenue federal funds to the special revenue fund (301)36 federal grant indirect cost recovery account.37 5. $2,000,000 from any of the office of parks, recreation and historic38 preservation special revenue federal funds to the special revenue fund39 (339) federal grant indirect cost recovery account.40 6. $1,000,000 from any of the office of parks, recreation and historic41 preservation special revenue federal funds to the special revenue fund42 (339) federal grant indirect cost recovery account (Z1).43 7. $1,000,000 from any of the office of parks, recreation and historic44 preservation special revenue federal funds to the special revenue fund45 (339), I love NY water account (39).46 8. $105,000 from the state exposition special fund (325), state fair47 receipts account (01), to the general fund.48 Family Assistance:49 1. $10,000,000 from any of the office of children and family services,50 office of temporary and disability assistance, or department of health51 special revenue federal funds and the general fund, in accordance with52 agreements with social services districts, to the miscellaneous special53 revenue fund (339), office of human resources development state match54 account (2C).55 2. $3,000,000 from any of the office of children and family services56 or office of temporary and disability assistance special revenue federal

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1 funds to the miscellaneous special revenue fund (339), family preserva-2 tion and support services and family violence services account (GC).3 3. $6,000,000 from any of the office of children and family services4 special revenue federal funds to the general fund for title IV-E5 reimbursement of youth facility costs.6 4. $28,000,000 from any of the office of children and family services,7 office of temporary and disability assistance, or department of health8 special revenue federal funds and any other miscellaneous revenues9 generated from the operation of office of children and family services10 programs to the miscellaneous special revenue fund (339), office of11 children and family services income account (AR).12 5. $10,000,000 from any of the office of children and family services13 or office of temporary and disability assistance special revenue funds14 or the general fund to the miscellaneous special revenue fund (339),15 connections account (WK).16 6. $41,000,000 from any of the office of temporary and disability17 assistance accounts within the federal health and human services fund18 (265) to the general fund.19 7. $8,300,000 from any of the office of temporary and disability20 assistance accounts within the federal health and human services fund21 (265) to the miscellaneous special revenue fund (339), client notices22 account (EG).23 8. $100,728,000 from any of the office of temporary and disability24 assistance, department of health or office of children and family25 services special revenue funds to the miscellaneous special revenue fund26 (339), office of temporary and disability assistance earned revenue27 account (L7).28 9. $2,500,000 from any of the office of temporary and disability29 assistance or office of children and family services special revenue30 federal funds to the miscellaneous special revenue fund (339), office of31 temporary and disability assistance program account (AL).32 10. $50,000,000 from any of the office of children and family33 services, office of temporary and disability assistance, department of34 labor, and department of health special revenue federal funds to the35 office of children and family services miscellaneous special revenue36 fund (339), multi-agency training contract account (AY).37 11. $24,170,000 from the office of temporary and disability assistance38 federal health and human services fund (265) to the miscellaneous39 special revenue fund (339), child support revenue account (AX).40 12. $6,300,000 from any of the office of children and family services,41 office of temporary and disability assistance, department of labor, or42 department of health special revenue funds to the office of temporary43 and disability assistance miscellaneous special revenue fund (339),44 multi-agency systems development account (MD).45 13. $10,073,000 from any of the office of temporary and disability46 assistance special revenue federal funds, to the miscellaneous special47 revenue fund (339), OTDA training contract account (48).48 14. $161,300,000 from the miscellaneous special revenue fund (339),49 youth facility per Diem account (YF), to the general fund.50 15. $10,000,000 from any of the office of temporary and disability51 assistance special revenue federal funds, to the miscellaneous special52 revenue fund (339), electronic benefit transfer and common benefit iden-53 tification card account (GD).54 16. $1,381,800 from the general fund to the combined gifts, grants and55 bequests fund (020), WB Hoyt Memorial account (78).

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1 17. $7,000,000 from any of the office of temporary and disability2 assistance accounts within the federal health and human services fund3 (265), to the general fund.4 General Government:5 1. $1,545,000 from the miscellaneous special revenue fund (339), exam-6 ination and miscellaneous revenue account (ER) to the general fund.7 2. $12,500,000 from the general fund to the health insurance revolving8 fund (396).9 3. $192,400,000 from the health insurance reserve receipts fund (167)10 to the general fund.11 4. $150,000 from the general fund to the not-for-profit revolving loan12 fund (055).13 5. $150,000 from the not-for-profit revolving loan fund (055) to the14 general fund.15 6. $11,000,000 from the miscellaneous special revenue fund (339), real16 property disposition account (BP), to the general fund.17 7. $3,000,000 from the miscellaneous special revenue fund (339),18 surplus property account (DE), to the general fund.19 8. $22,335,000 from the general fund to the miscellaneous special20 revenue fund (339), alcoholic beverage control account (DB).21 9. $2,000,000 from the miscellaneous special revenue fund (339),22 federal liability account (FL), to the general fund.23 10. $23,000,000 from the miscellaneous special revenue fund (339),24 revenue arrearage account (CR), to the general fund.25 11. $1,826,000 from the miscellaneous special revenue fund (339)26 revenue arrearage account (CR), to the miscellaneous special revenue27 fund (339) authority budget office account.28 12. $60,000,000 from any account within the special revenue federal29 funds receiving money pursuant to federal Medicare Part D legislation to30 the general fund.31 13. $11,000,000 from the general fund to the miscellaneous special32 revenue fund (339), statewide financial system account (FM).33 14. $1,000,000 from the miscellaneous special revenue fund (339),34 parking services account (BQ), to the general debt service fund (311),35 general debt service account.36 15. $2,000,000 from the miscellaneous special revenue fund (339),37 procurement account (CH), to the general fund.38 16. $10,000,000 from the centralized services fund (323), OGS building39 administration account (ZY), to the general fund.40 Health:41 1. $1,500,000 from any of the department of health accounts within the42 federal health and human services fund (265) to the miscellaneous43 special revenue fund (339), quality assurance and audit revenue activ-44 ities account (GB).45 2. $139,560,000 from any of the department of health accounts within46 the federal health and human services fund (265) to the miscellaneous47 special revenue fund (339), quality of care account (20).48 3. $1,000,000 from the general fund to the combined gifts, grants and49 bequests fund (020), breast cancer research and education account (BD),50 an amount equal to the monies collected and deposited into that account51 in the previous fiscal year.52 4. $2,464,000 from any of the department of health accounts within the53 federal health and human services fund (265) to the department of health54 miscellaneous special revenue fund (339), statewide planning and55 research cooperation system (SPARCS) program account (03).

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1 5. $250,000 from the general fund to the combined gifts, grants and2 bequests fund (020), prostate cancer research, detection, and education3 account (PR), an amount equal to the moneys collected and deposited into4 that account in the previous fiscal year.5 6. $500,000 from the general fund to the combined gifts, grants and6 bequests fund (020), Alzheimer's disease research and assistance account7 (AA), an amount equal to the moneys collected and deposited into that8 account in the previous fiscal year.9 7. $1,000,000 from the miscellaneous special revenue fund (339),10 administration account (AP), to the general fund.11 8. $600,000,000 from any of the department of health accounts within12 the federal health and human services fund (265) to the miscellaneous13 special revenue fund (339), federal state health reform partnership14 account (FS).15 9. $70,000,000 from the general fund to the miscellaneous special16 revenue fund (339) empire state stem cell trust fund account (SR).17 10. $1,250,000 from the miscellaneous New York state agency fund18 (169), medical assistance account to the department of health miscella-19 neous special revenue fund (339), third party health insurance account20 (35).21 11. $3,700,000 from the miscellaneous New York state agency fund22 (169), medical assistance account to the office of medicaid inspector23 general miscellaneous special revenue fund (339), recoveries and revenue24 account (C9).25 Labor:26 1. $700,000 from the labor standards miscellaneous special revenue27 fund (339), fee and penalty account (30), to the child performer28 protection fund (025), child performer protection account (CP).29 2. $8,000,000 from the labor standards miscellaneous special revenue30 fund (339), fee and penalty account (30), to the general fund.31 3. $10,500,000 from the unemployment insurance interest and penalty32 special revenue fund (482), unemployment insurance special interest and33 penalty account (01), to the general fund.34 4. $2,700,000 from the labor standards miscellaneous special revenue35 fund (339), public work enforcement account (BA), to the general fund.36 5. $1,500,000 from the training and education program on occupational37 safety and health fund (305), occupational safety and health inspection38 account (02), to the general fund.39 Mental Hygiene:40 1. $5,000,000 from the miscellaneous special revenue fund (339),41 mental hygiene patient income account (13), to the miscellaneous special42 revenue fund (339), federal salary sharing account (EC).43 2. $240,000,000 from the miscellaneous special revenue fund (339),44 mental hygiene patient income account (13) to the miscellaneous special45 revenue fund (339), provider of service accounts (05).46 3. $190,000,000 from the miscellaneous special revenue fund (339),47 mental hygiene program fund account (10) to the miscellaneous special48 revenue fund (339), provider of service account (05).49 4. $150,000,000 from the general fund to the miscellaneous special50 revenue fund (339), mental hygiene patient income account (13).51 5. $150,000,000 from the general fund to the miscellaneous special52 revenue fund (339), mental hygiene program fund account (10).53 6. $300,000,000 from the miscellaneous special revenue fund (339),54 mental hygiene program fund account (10) to the general fund.55 7. $150,000,000 from the miscellaneous special revenue fund (339),56 mental hygiene patient income account (13) to the general fund.

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1 8. $750,000 from the federal operating grants fund (290), to the2 general fund.3 Public Protection:4 1. $1,350,000 from the miscellaneous special revenue fund (339), emer-5 gency management account (61), to the general fund.6 2. $3,300,000 from the general fund to the miscellaneous special7 revenue fund (339), recruitment incentive account (U2).8 3. $14,000,000 from the general fund to the correctional industries9 revolving fund (397), correctional industries internal service account10 (00).11 4. $25,500,000 from the miscellaneous special revenue fund (339),12 statewide public safety communications account (LZ), to the miscella-13 neous special revenue fund (339), seized assets account (E8).14 5. $1,500,000 from the miscellaneous special revenue fund (339),15 statewide public safety communications account (LZ), to the combined16 gifts, grants and bequests fund (020), New York state emergency services17 revolving loan account (AU).18 6. $8,677,000 from the miscellaneous special revenue fund (339),19 statewide public safety communications account (LZ), to the general debt20 service fund (311), revenue bond tax account (02).21 7. $10,000,000 from federal miscellaneous operating grants fund (290),22 DMNA damage account (71), to the general fund.23 8. $16,000,000 from the general fund to the miscellaneous special24 revenue fund (339), crimes against revenue program account (CA).25 9. $2,000,000 from the general fund to the Attica state employee26 victims' fund (013).27 10. $20,000,000 from any office of homeland security account within28 the federal miscellaneous operating grants fund (290), receiving money29 through the homeland security grants program, to the general fund.30 11. $11,500,000 from the federal miscellaneous operating grants fund31 (290) world trade center account, to the general fund.32 12. $13,000,000 from the miscellaneous special revenue fund (339)33 criminal justice improvement account (62) to the general fund.34 13. $2,800,000 from the general fund to the miscellaneous special35 revenue fund (390) indigent legal services fund (01).36 14. $1,500,000 from the agency enterprise fund (331) farm program37 account (FM), to the general fund.38 15. $20,000,000 from the miscellaneous special revenue fund (339),39 statewide public safety communications account (LZ), to the general40 fund.41 Transportation:42 1. $17,672,000 from the federal miscellaneous operating grants fund43 (290) to the special revenue fund (339), tri-state federal regional44 planning account (17).45 2. $20,147,000 from the federal capital projects fund (291) to the46 special revenue fund (339), tri-state federal regional planning accounts47 (17).48 3. $14,881,000 from the miscellaneous special revenue fund (339),49 compulsory insurance account (H7), to the general fund.50 4. $20,000,000 from the suburban transportation fund (327) to the mass51 transportation operating assistance fund (313), additional mass trans-52 portation fund account (06).53 5. $19,000,000 from the general fund to the mass transportation oper-54 ating assistance fund (313) public transportation systems accounts (01).55 6. $16,721,000 from the mass transportation operating assistance fund56 (313) metropolitan mass transit operating assistance account (02), to

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1 the mass transportation operating assistance fund (313) public transpor-2 tation systems operating assistance account (01).3 7. $763,079,000 from the general fund to the dedicated highway and4 bridge trust fund (072).5 8. $803,000 from the miscellaneous special revenue fund (339), surplus6 property account (42), to the general fund.7 9. $5,000,000 from the miscellaneous special revenue fund (339), acci-8 dent damage account (G7), to the dedicated highway and bridge trust fund9 (072).10 10. $600,000 from the miscellaneous special revenue fund (339), inter-11 net point insurance reduction program account (IC), to the general fund.12 Miscellaneous:13 1. $75,000,000 from the general fund to any funds or accounts for the14 purpose of reimbursing certain outstanding accounts receivable balances.15 2. $250,000,000 from the general fund to the debt reduction reserve16 fund (064).17 3. $23,300,000 from the general fund to the miscellaneous special18 revenue fund (339), improvement of real property tax administrative19 account (BZ).20 § 3. Notwithstanding any law to the contrary, and in accordance with21 section 4 of the state finance law, the comptroller is hereby authorized22 and directed to transfer, on or before March 31, 2011:23 1. Upon request of the commissioner of environmental conservation, up24 to $10,733,000 from revenues credited to any of the department of envi-25 ronmental conservation special revenue funds, including $3,135,800 from26 the environmental protection and oil spill compensation fund (303), and27 $1,739,600 from the conservation fund (302), to the environmental28 conservation special revenue fund (301), indirect charges account (BJ).29 2. Upon request of the commissioner of agriculture and markets, up to30 $3,000,000 from any special revenue fund or enterprise fund within the31 department of agriculture and markets to the miscellaneous special32 revenue fund (339) administrative costs account, to pay appropriate33 administrative expenses.34 3. Upon request of the commissioner of agriculture and markets, up to35 $2,000,000 from the state exposition special fund (325), state fair36 receipts account (01) to the miscellaneous capital projects fund (387),37 state fair capital improvement account (13).38 4. Upon request of the commissioner of the division of housing and39 community renewal, up to $2,911,000 from revenues credited to any divi-40 sion of housing and community renewal miscellaneous special revenue fund41 (339) to the agency cost recovery account (HI).42 5. Upon request of the commissioner of health up to $15,000,000 from43 revenues credited to any of the department of health's special revenue44 funds, to the miscellaneous special revenue fund (339), administration45 account (AP).46 § 4. Notwithstanding section 2815 of the public health law or any47 other contrary provision of law, upon the direction of the director of48 the budget and the commissioner of health, the dormitory authority of49 the state of New York is directed to transfer seven million dollars50 annually from funds available and uncommitted in the New York state51 health care restructuring pool to the health care reform act (HCRA)52 resources fund - HCRA resources account.53 § 5. On or before March 31, 2011, the comptroller is authorized and54 directed to transfer the unencumbered balance from the family benefit55 fund (329) to the general fund.

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1 § 6. On or before March 31, 2011, the comptroller is hereby authorized2 and directed to deposit earnings that would otherwise accrue to the3 general fund that are attributable to the operation of section 98-a of4 the state finance law, to the agencies internal service fund (334),5 banking services account (12), for the purpose of meeting direct6 payments from such account.7 § 7. Notwithstanding any law to the contrary, upon the direction of8 the director of the budget and upon requisition by state university of9 New York, the dormitory authority of the state of New York is directed10 to transfer, up to $22,000,000 in revenues generated from the sale of11 notes or bonds, to the state university of New York for reimbursement of12 bondable equipment for further transfer to the state's general fund.13 § 8. Notwithstanding any law to the contrary, and in accordance with14 section 4 of the state finance law, the comptroller is hereby authorized15 and directed to transfer monies, upon request of the director of the16 budget, on or before March 31, 2011, from and to any of the following17 accounts: the miscellaneous special revenue fund (339), patient income18 account (13), the miscellaneous special revenue fund (339), mental19 hygiene program fund account or the general fund in any combination, the20 aggregate of which shall not exceed $350 million.21 § 9. Notwithstanding any law to the contrary, and in accordance with22 section 4 of the state finance law, the comptroller is hereby authorized23 and directed to transfer, at the request of the director of the budget,24 up to $500 million from the unencumbered balance of any special revenue25 fund or account, or combination of funds and accounts, to the general26 fund. The amounts transferred pursuant to this authorization shall be in27 addition to any other transfers expressly authorized in the 2010-1128 budget. Transfers from federal funds, debt service funds, capital29 projects funds, or the community projects fund are not permitted pursu-30 ant to this authorization. The director of the budget shall notify both31 houses of the legislature in writing prior to initiating transfers32 pursuant to this authorization.33 § 10. Notwithstanding any law to the contrary, and in accordance with34 section 4 of the state finance law, the comptroller is hereby authorized35 and directed to transfer, at the request of the director of the budget,36 up to $75 million from the unencumbered balance of any non-general fund37 or account, or combination of funds and accounts, to the general fund.38 The amounts transferred pursuant to this authorization shall be equal to39 those savings achieved in such non-general funds as a result of the five40 day salary deferral authorized with the 2010-11 budget and are in addi-41 tion to any other transfers expressly authorized. Transfers from feder-42 al funds are not permitted pursuant to this authorization. The director43 of the budget shall notify both houses of the legislature in writing44 prior to initiating transfers pursuant to this authorization.45 § 11. Notwithstanding any provision of law to the contrary, the power46 authority of the state of New York, as deemed feasible and advisable by47 its trustees, is authorized and directed to make a contribution to the48 state treasury to the credit of the general fund in the amount of49 $65,000,000 for the fiscal year commencing April 1, 2010, the proceeds50 of which will be utilized for economic development, energy efficiency or51 energy cost mitigation purposes. The power authority of the state of New52 York will transfer not less than $40,000,000 by June 1, 2010, and will53 transfer the remainder, up to $25,000,000, by January 31, 2011.54 § 12. Section 44 of the private housing finance law is amended by55 adding a new subdivision 32 to read as follows:

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1 32. To transfer funds in an amount to be agreed upon, at the request______________________________________________________________________2 of the director of the division of the budget, to the state treasury for________________________________________________________________________3 deposit to the general fund as an expense of the agency. Such transfer________________________________________________________________________4 shall be made in such amounts and at such times as specified in an________________________________________________________________________5 agreement or agreements executed between the agency and the director of________________________________________________________________________6 the budget with copies to be provided to the chairman of the assembly________________________________________________________________________7 ways and means committee and the chairman of the senate finance commit-________________________________________________________________________8 tee.____9 § 13. Intentionally omitted.10 § 14. Intentionally omitted.11 § 15. Subdivision 5 of section 97-rrr of the state finance law, as12 amended by section 13 of part PP of chapter 56 of the laws of 2009, is13 amended to read as follows:14 5. Notwithstanding the provisions of section one hundred15 seventy-one-a of the tax law, as separately amended by chapters four16 hundred eighty-one and four hundred eighty-four of the laws of nineteen17 hundred eighty-one, or any other provisions of law to the contrary,18 during the fiscal year beginning April first, two thousand [nine] ten,___19 the state comptroller is hereby authorized and directed to deposit to20 the fund created pursuant to this section from amounts collected pursu-21 ant to article twenty-two of the tax law and pursuant to a schedule22 submitted by the director of the budget, up to [$3,524,450,000]23 $3,215,000,000, as may be certified in such schedule as necessary to______________24 meet the purposes of such fund for the fiscal year beginning April25 first, two thousand [nine] ten.___26 § 16. Subdivision 6 of section 4 of the state finance law, as amended27 by section 15 of part RR of chapter 57 of the laws of 2008, is amended28 to read as follows:29 6. Notwithstanding any law to the contrary, at the beginning of the30 state fiscal year, the state comptroller is hereby authorized and31 directed to receive for deposit to the credit of a fund and/or an32 account such monies as are identified by the director of the budget as33 having been intended for such deposit to support disbursements from such34 fund and/or account made in pursuance of an appropriation by law. As35 soon as practicable upon enactment of the budget, the director of the36 budget shall, but not less than three days following preliminary37 submission to the chairpersons of the senate finance committee and the38 assembly ways and means committee, file with the state comptroller an39 identification of specific monies to be so deposited. Any subsequent40 change regarding the monies to be so deposited shall be filed by the41 director of the budget, as soon as practicable, but not less than three42 days following preliminary submission to the chairpersons of the senate43 finance committee and the assembly ways and means committee.44 All monies identified by the director of the budget to be deposited to45 the credit of a fund and/or account shall be consistent with the intent46 of the budget for the then current state fiscal year as enacted by the47 legislature.48 [The provisions of this subdivision shall expire on March thirty-49 first, two thousand ten.]50 § 17. Subdivision 4 of section 40 of the state finance law, as amended51 by section 16 of part RR of chapter 57 of the laws of 2008, is amended52 to read as follows:53 4. Every appropriation made from a fund or account to a department or54 agency shall be available for the payment of prior years' liabilities in55 such fund or account for fringe benefits, indirect costs, and telecommu-56 nications expenses and expenses for other centralized services fund

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1 programs without limit. Every appropriation shall also be available for2 the payment of prior years' liabilities other than those indicated3 above, but only to the extent of one-half of one percent of the total4 amount appropriated to a department or agency in such fund or account.5 [The provisions of this subdivision shall expire March thirty-first,6 two thousand ten.]7 § 18. The comptroller is authorized and directed to deposit to the8 general fund-state purposes account reimbursements from moneys appropri-9 ated or reappropriated to the correctional facilities capital improve-10 ment fund (399) by a chapter of the laws of 2009. Reimbursements shall11 be available for spending from appropriations made to the department of12 correctional services in the general fund-state purposes account by a13 chapter of the laws of 2009 for costs associated with the administration14 and security of capital projects and for other costs which are attribut-15 able, according to a plan, to such capital projects.16 § 19. Notwithstanding any other law, rule, or regulation to the17 contrary, the comptroller is hereby authorized and directed to deposit,18 to the credit of the capital projects fund, reimbursement from the19 proceeds of notes or bonds issued by the environmental facilities corpo-20 ration for a capital appropriation for $43,383,000 authorized by chapter21 55 of the laws of 2000 to the department of environmental conservation22 for payment of a portion of the state's match for federal capitalization23 grants for the water pollution control revolving loan fund, to reimburse24 spending from various appropriations for certain projects related to the25 New York city watershed, reimbursement from the proceeds of notes and26 bonds issued by the urban development corporation for capital appropri-27 ation for $15,000,000 authorized by chapter 55 of the laws of 2000 to28 the urban development corporation for payment of costs related to a29 sports facility in the city of Rochester, reimbursement from the30 proceeds of notes and bonds issued by the urban development corporation31 of the state of New York for a capital appropriation for $50,000,00032 authorized by chapter 55 of the laws of 2000 to the urban development33 corporation for payment of costs related to economic development34 projects in the downtown Buffalo, the Buffalo inner harbor area, or35 surrounding environs, reimbursement from proceeds of notes and bonds36 issued by the dormitory authority of the state of New York for a capital37 appropriation for $225,000,000 authorized by chapter 55 of the laws of38 2000 to all state agencies for payment of costs related to the strategic39 investment program, reimbursement from the proceeds of notes and bonds40 issued by the dormitory authority of the state of New York for a capital41 appropriation for $50,000,000 authorized by chapter 53 of the laws of42 2000 to the state education department for payment of capital43 construction grants to school districts pursuant to the rebuilding44 schools to uphold education program, for reimbursement from the proceeds45 of notes and bonds issued by the dormitory authority of the state of New46 York for a capital appropriation for $15,000,000 authorized by chapter47 53 of the laws of 2000 to the office of children and family services for48 payment of costs related to the child care facilities development49 program, and for reimbursement from the proceeds of notes and bonds50 issued by the dormitory authority of the state of New York for a capital51 appropriation for $10,000,000 authorized by chapter 55 of the laws of52 2000 to the office of science, technology and academic research for53 payment of costs related to biomedical research and/or manufacturing54 facilities.55 § 20. Notwithstanding any other law, rule, or regulation to the56 contrary, the comptroller is hereby authorized and directed to deposit

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1 to the credit of the capital projects fund, reimbursement from the2 proceeds of notes or bonds issued by the environmental facilities corpo-3 ration for a capital appropriation for $29,772,000 authorized by chapter4 54 of the laws of 2001 to the department of environmental conservation5 for payment of a portion of the state's match for federal capitalization6 grants for the water pollution control revolving loan fund.7 § 21. Notwithstanding any other law, rule, or regulation to the8 contrary, the comptroller is hereby authorized and directed to deposit,9 to the credit of the capital projects fund, reimbursement from the10 proceeds of notes or bonds issued by the environmental facilities corpo-11 ration for a capital appropriation for $29,365,000 authorized by chapter12 54 of the laws of 2002 to the department of environmental conservation13 for payment of a portion of the state's match for federal capitalization14 grants for the water pollution control revolving loan fund, reimburse-15 ment from the proceeds of notes and bonds issued by the urban develop-16 ment corporation or other financing source for a capital appropriation17 for $89,000,000 authorized by chapter 50 of the laws of 2002 to the18 office of general services for payment of capital construction costs for19 the Alfred E. Smith office building located in the city of Albany,20 reimbursement from the proceeds of notes and bonds issued by the urban21 development corporation or other financing source for capital appropri-22 ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to23 the office of general services for payment of capital construction costs24 for the Elk street parking garage building located in the city of Alba-25 ny, reimbursement from the proceeds of notes or bonds issued by the26 urban development corporation for disbursements of up to $12,000,00027 from any capital appropriation or reappropriation authorized by chapter28 50 of the laws of 2002 to the office of general services for various29 purposes, reimbursement from the proceeds of notes or bonds issued by30 the urban development corporation for a capital appropriation of31 $13,250,000 authorized by chapter 55 of the laws of 2002 to the energy32 research and development authority for the Western New York Nuclear33 Service Center at West Valley, reimbursement from the proceeds of notes34 or bonds issued by the urban development corporation for a capital35 appropriation of $14,300,000 authorized by chapter 55 of the laws of36 2002 to the urban development corporation to finance a portion of the37 jobs now program, reimbursement from the proceeds of notes or bonds38 issued by the dormitory authority for disbursements of up to $20,800,00039 from any capital appropriation or reappropriation authorized by chapter40 51 of the laws of 2002 to the judiciary for courthouse improvements,41 reimbursement from the proceeds of notes or bonds issued by the urban42 development corporation for disbursements of up to $15,000,000 from43 appropriations or reappropriations authorized by chapter 50 of the laws44 of 2002 to any agency for costs related to homeland security, and45 reimbursement from the proceeds of notes or bonds issued by the environ-46 mental facilities corporation for a capital appropriation of $10,000,00047 authorized by chapter 54 of the laws of 2002 to the department of envi-48 ronmental conservation for Onondaga lake.49 § 22. Notwithstanding any other law, rule, or regulation to the50 contrary, the comptroller is hereby authorized and directed to deposit51 to the credit of the capital projects fund, reimbursement from the52 proceeds of notes or bonds issued by the environmental facilities corpo-53 ration for a capital appropriation of $30,174,000 authorized by chapter54 55 of the laws of 2003 to the department of environmental conservation55 for payment of a portion of the state's match for federal capitalization56 grants for the water pollution control revolving loan fund, reimburse-

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1 ment from the proceeds of notes or bonds issued by the urban development2 corporation or other financing source for a capital appropriation of3 $19,500,000 authorized by chapter 50 of the laws of 2003 to the office4 of general services for payment of capital construction costs for the 515 Elk street parking garage building located in the city of Albany,6 reimbursement from the proceeds of notes or bonds issued by the urban7 development corporation for disbursements of up to $10,000,000 from any8 capital appropriation or reappropriation authorized by chapter 50 of the9 laws of 2003 to the office of general services for various purposes,10 reimbursement from the proceeds of notes or bonds issued by the environ-11 mental facilities corporation for a capital appropriation of $13,250,00012 authorized by chapter 55 of the laws of 2003 to the energy research and13 development authority for the Western New York Nuclear Service Center at14 West Valley, reimbursement from the proceeds of notes or bonds issued by15 the dormitory authority for disbursements of up to $16,400,000 from any16 capital appropriation or reappropriation authorized by chapter 51 of the17 laws of 2003 to the judiciary for courthouse improvements, reimbursement18 from the proceeds of notes or bonds issued by the urban development19 corporation for disbursements of up to $10,000,000 from appropriations20 or reappropriations authorized by chapter 50 of the laws of 2003 to any21 agency for costs related to homeland security, reimbursement from the22 proceeds of notes or bonds issued by the environmental facilities corpo-23 ration for a capital appropriation of $10,000,000 authorized by chapter24 55 of the laws of 2003 to the department of environmental conservation25 for Onondaga lake, reimbursement from the proceeds of notes or bonds26 issued by the environmental facilities corporation for disbursements of27 up to $11,000,000 from any capital appropriations or reappropriations28 authorized by chapter 55 of the laws of 2003 to the department of envi-29 ronmental conservation for environmental purposes, and reimbursement30 from the proceeds of notes or bonds issued by the dormitory authority31 for disbursements of up to $100,000,000 from a capital appropriation32 authorized by chapter 50 of the laws of 2003 to the department of state33 for enhanced 911 wireless service.34 § 23. Notwithstanding any other law, rule, or regulation to the35 contrary, the comptroller is hereby authorized and directed to deposit36 to the credit of the capital projects fund, reimbursement from the37 proceeds of notes or bonds issued by the environmental facilities corpo-38 ration for a capital appropriation for $28,893,000 authorized by chapter39 55 of the laws of 2004 to the department of environmental conservation40 for payment of a portion of the state's match for federal capitalization41 grants for the water pollution control revolving loan fund, reimburse-42 ment from the proceeds of notes or bonds issued by the urban development43 corporation for disbursements of up to $10,000,000 from any capital44 appropriation or reappropriation authorized by chapter 50 of the laws of45 2004 to the office of general services for various purposes, reimburse-46 ment from the proceeds of notes or bonds issued by the environmental47 facilities corporation for a capital appropriation of $11,350,00048 authorized by chapter 55 of the laws of 2004 to the energy research and49 development authority for the Western New York Nuclear Service Center at50 West Valley, reimbursement from the proceeds of notes or bonds issued by51 the environmental facilities corporation, for a capital appropriation of52 $10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-53 ment of environmental conservation for Onondaga lake, reimbursement from54 the proceeds of notes or bonds issued by the environmental facilities55 corporation for disbursements of up to $11,000,000 from any capital56 appropriations or reappropriations authorized by chapter 55 of the laws

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1 of 2004 to the department of environmental conservation for environ-2 mental purposes, reimbursement from the proceeds of notes or bonds3 issued by the dormitory authority for a capital appropriation of4 $80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-5 tion department for capital transition grants for transportation,6 reimbursement from the proceeds of notes or bonds issued by the dormito-7 ry authority for a capital appropriation of $250,000,000 authorized by8 chapter 55 of the laws of 2004 for payment of costs related to economic9 development projects, reimbursement from the proceeds of bonds or notes10 issued by the urban development corporation for a capital appropriation11 of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended12 by chapter 108 of the laws of 2006, for payment of costs related to the13 H. H. Richardson complex and the Darwin Martin House, and reimbursement14 from the proceeds of notes or bonds issued by the dormitory authority15 for a capital appropriation of $350,000,000 authorized by chapter 3 of16 the laws of 2004 for the New York state economic development program.17 § 24. Notwithstanding any other law, rule, or regulation to the18 contrary, the comptroller is hereby authorized and directed to deposit19 to the credit of the capital projects fund, reimbursement from the20 proceeds of notes or bonds issued by the environmental facilities corpo-21 ration for a capital appropriation of $29,602,000 authorized by chapter22 55 of the laws of 2005 to the department of environmental conservation23 for payment of a portion of the state's match for federal capitalization24 grants for the water pollution control revolving loan fund, reimburse-25 ment from the proceeds of notes or bonds issued by the urban development26 corporation for disbursements of up to $10,000,000 from any capital27 appropriation or reappropriation authorized by chapter 50 of the laws of28 2005 to the office of general services for various purposes, reimburse-29 ment from the proceeds of notes or bonds issued by the environmental30 facilities corporation for a capital appropriation of $11,350,00031 authorized by chapter 55 of the laws of 2005 to the energy research and32 development authority for the Western New York Nuclear Service Center at33 West Valley, reimbursement from the proceeds of notes or bonds issued by34 the environmental facilities corporation for a capital appropriation of35 $10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-36 ment of environmental conservation for Onondaga lake, reimbursement from37 the proceeds of notes or bonds issued by the environmental facilities38 corporation for disbursements of up to $11,000,000 from any capital39 appropriations or reappropriations authorized by chapter 55 of the laws40 of 2005 to the department of environmental conservation for environ-41 mental purposes, reimbursement from the proceeds of notes or bonds42 issued by the urban development corporation for a capital appropriation43 of $350,000,000 authorized by chapter 55 of the laws of 2005 for the44 Javits center, reimbursement from the proceeds of notes or bonds issued45 by the dormitory authority for a capital appropriation of $90,000,00046 authorized by chapter 62 of the laws of 2005 for regional development,47 reimbursement from the proceeds of notes or bonds issued by the dormito-48 ry authority for a capital appropriation of $250,000,000 authorized by49 chapter 62 of the laws of 2005 for technology and development,50 reimbursement from the proceeds of notes or bonds issued by the urban51 development corporation for a capital appropriation of $75,000,00052 authorized by chapter 162 of the laws of 2005 for the New York state53 economic development program, reimbursement from the proceeds of notes54 or bonds issued by the urban development corporation for a capital55 appropriation of $150,000,000 authorized by chapter 62 of the laws of56 2005 for the higher education facilities capital matching grants

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1 program, reimbursement from the proceeds of notes or bonds issued by the2 dormitory authority or other financing source for a capital appropri-3 ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the4 office of general services for payment of capital construction costs for5 the Elk street parking garage building located in the city of Albany,6 reimbursement from the proceeds of notes or bonds issued by the urban7 development corporation for a capital appropriation of $15,000,0008 authorized by chapter 53 of the laws of 2005 to the state education9 department for payment of capital construction costs for public broad-10 casting facilities, reimbursement from the proceeds of notes or bonds11 issued by the urban development corporation for a capital appropriation12 of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-13 sion of state police for public protection facilities, and reimbursement14 from the proceeds of notes or bonds issued by the urban development15 corporation for capital disbursements of up to $3,000,000 from any capi-16 tal appropriation or reappropriation authorized by chapter 50 of the17 laws of 2005 to the division of military and naval affairs for various18 purposes.19 § 25. Notwithstanding any other law, rule, or regulation to the20 contrary, the comptroller is hereby authorized and directed to deposit21 to the credit of the capital projects fund, reimbursement from the22 proceeds of notes or bonds issued by the environmental facilities corpo-23 ration for a capital appropriation for $29,600,000 authorized by chapter24 55 of the laws of 2006 to the department of environmental conservation25 for payment of a portion of the state's match for federal capitalization26 grants for the water pollution control revolving loan fund, reimburse-27 ment from the proceeds of notes or bonds issued by the urban development28 corporation for disbursements of up to $20,000,000 from any capital29 appropriation or reappropriation authorized by chapter 50 of the laws of30 2006 to the office of general services for various purposes, reimburse-31 ment from the proceeds of notes or bonds issued by the environmental32 facilities corporation for a capital appropriation of $14,000,00033 authorized by chapter 55 of the laws of 2006 to the energy research and34 development authority for the Western New York Nuclear Service Center at35 West Valley, reimbursement from the proceeds of notes or bonds issued by36 the environmental facilities corporation for a capital appropriation of37 $10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-38 ment of environmental conservation for Onondaga lake, reimbursement from39 the proceeds of notes or bonds issued by the environmental facilities40 corporation for disbursements of up to $12,000,000 from any capital41 appropriations or reappropriations authorized by chapter 55 of the laws42 of 2006 to the department of environmental conservation for environ-43 mental purposes, reimbursement from the proceeds of notes or bonds44 issued by the urban development corporation for capital disbursements of45 up to $3,000,000 from any capital appropriation or reappropriation46 authorized by chapter 50 of the laws of 2006 to the division of military47 and naval affairs for various purposes, reimbursement from the proceeds48 of notes or bonds issued by the urban development corporation for49 disbursements of up to $12,400,000 from any capital appropriation or50 reappropriation authorized by chapter 50 of the laws of 2006 to the51 division of state police for public protection facilities, reimbursement52 from the proceeds of notes or bonds issued by the urban development53 corporation for a capital appropriation of $117,000,000 authorized by54 chapter 50 of the laws of 2006 to all state departments and agencies for55 the purchase of equipment, reimbursement from the proceeds of notes or56 bonds issued by the dormitory authority or the urban development corpo-

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1 ration for all or a portion of capital appropriations of $603,050,0002 authorized by chapter 108 of the laws of 2006 to the urban development3 corporation for economic development/other projects, reimbursement from4 the proceeds of notes or bonds issued by the urban development corpo-5 ration for a capital appropriation of $269,500,000 authorized by chapter6 108 of the laws of 2006 to the dormitory authority or the urban develop-7 ment corporation for economic development projects, reimbursement from8 the proceeds of notes or bonds issued by the dormitory authority or the9 urban development corporation for a capital appropriation of10 $201,500,000 authorized by chapter 108 of the laws of 2006 to the urban11 development corporation for university development projects, reimburse-12 ment from the proceeds of notes or bonds issued by the dormitory author-13 ity or for a capital appropriation of $143,000,000 authorized by chapter14 108 of the laws of 2006 to the urban development corporation for15 cultural facilities projects, reimbursement from the proceeds of notes16 or bonds issued by the dormitory authority or the urban development17 corporation for capital appropriations totaling $60,000,000 authorized18 by chapter 108 of the laws of 2006 to the urban development corporation19 for energy/environmental projects, reimbursement from the proceeds of20 notes or bonds issued by the dormitory authority or the urban develop-21 ment corporation for a capital appropriation of $20,000,000 authorized22 by chapter 108 of the laws of 2006 to the urban development corporation23 for a competitive solicitation for construction of a pilot cellulosic24 ethanol refinery, reimbursement from the proceeds of notes or bonds25 issued by the urban development corporation for a capital appropriation26 of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban27 development corporation for services and expenses related to infrastruc-28 ture for a new stadium in Queens county, and reimbursement from the29 proceeds of notes or bonds issued by the urban development corporation30 for a capital appropriation of $74,700,000 authorized by chapter 55 of31 the laws of 2006 to the urban development corporation for services and32 expenses related to infrastructure improvements to construct a new park-33 ing facility at a new stadium in Bronx county, reimbursement from the34 proceeds of notes and bonds issued by the environmental facilities35 corporation for a capital appropriation of $5,000,000 authorized by36 chapter 55 of the laws of 2006 to the environmental facilities corpo-37 ration for payment for the pipeline for jobs program, reimbursement from38 the proceeds of notes or bonds issued by the dormitory authority for39 capital disbursements of up to $14,000,000 from any capital appropri-40 ation or reappropriation authorized by chapter 53 of the laws of 200641 for the library construction purpose, reimbursement from the proceeds of42 notes or bonds issued by the urban development corporation or the dormi-43 tory authority for an appropriation of $2,000,000 authorized by chapter44 53 of the laws of 2006 for a Cornell equine drug testing laboratory,45 reimbursement from the proceeds of notes or bonds issued by the urban46 development corporation or the dormitory authority for an appropriation47 of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns48 of Bristol and Canandaigua public water systems, reimbursement from the49 proceeds of notes or bonds issued by the urban development corporation50 or the dormitory authority for an appropriation of $5,500,000 authorized51 by chapter 53 of the laws of 2006 for Belleayre mountain ski center,52 reimbursement from the proceeds of notes or bonds issued by the urban53 development corporation or the dormitory authority for an appropriation54 of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town55 of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement56 from the proceeds of notes or bonds issued by the urban development

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1 corporation or the dormitory authority for an appropriation of2 $5,000,000 authorized by chapter 108 of the laws of 2006 for a state of3 New York umbilical cord bank, reimbursement from the proceeds of notes4 or bonds issued by the urban development corporation or the dormitory5 authority for an appropriation of $5,500,000 authorized by chapter 53 of6 the laws of 2006 for an Old Gore mountain ski bowl connection,7 reimbursement from the proceeds of notes or bonds issued by the urban8 development corporation or the dormitory authority for an appropriation9 of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Fredo-10 nia vineyard laboratory, reimbursement from the proceeds of notes or11 bonds issued by the urban development corporation or the dormitory12 authority for an appropriation of $99,500,000 authorized by chapter 10813 of the laws of 2006 to the office for technology for payment of capital14 construction costs for a consolidated data center, reimbursement from15 the proceeds of notes or bonds issued by the dormitory authority or the16 urban development corporation for an appropriation of $40,000,00017 authorized by chapter 108 of the laws of 2006 for a food testing labora-18 tory, reimbursement from the proceeds of notes or bonds issued by the19 New York state thruway authority for an appropriation of $22,000,00020 authorized by chapter 108 of the laws of 2006 to the department of21 transportation for high speed rail, reimbursement from the proceeds of22 notes or bonds issued by the urban development corporation for capital23 disbursements of up to $500,000,000 from an appropriation authorized by24 chapter 108 of the laws of 2006 to the urban development corporation for25 development of a semiconductor manufacturing facility, reimbursement26 from the proceeds of notes or bonds issued by the urban development27 corporation of up to $150,000,000 from an appropriation authorized by28 chapter 108 of the laws of 2006 to the urban development corporation for29 research and development activities of a semiconductor manufacturer, and30 reimbursement from the proceeds of notes or bonds issued by the urban31 development corporation for capital disbursements of up to $300,000,00032 from an appropriation to the urban development corporation authorized by33 chapter 108 of the laws of 2006 for community revitalization projects.34 § 26. Notwithstanding any other law, rule, or regulation to the35 contrary, the comptroller is hereby authorized and directed to deposit36 to the credit of the capital projects fund, reimbursement from the37 proceeds of notes or bonds issued by the environmental facilities corpo-38 ration for a capital appropriation of $29,600,000 authorized by chapter39 55 of the laws of 2007 to the department of environmental conservation40 for payment of a portion of the state's match for federal capitalization41 grants for the water pollution control revolving loan fund, reimburse-42 ment from the proceeds of notes or bonds issued by the urban development43 corporation for disbursements of up to $20,000,000 from any capital44 appropriation or reappropriation authorized by chapter 50 of the laws of45 2007 to the office of general services for various purposes, reimburse-46 ment from the proceeds of notes or bonds issued by the environmental47 facilities corporation for a capital appropriation of $13,500,00048 authorized by chapter 55 of the laws of 2007 to the energy research and49 development authority for the Western New York Nuclear Service Center at50 West Valley, reimbursement from the proceeds of notes or bonds issued by51 the environmental facilities corporation for a capital appropriation of52 $10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-53 ment of environmental conservation for Onondaga lake, reimbursement from54 the proceeds of notes or bonds issued by the environmental facilities55 corporation for disbursements of up to $12,000,000 from any capital56 appropriations or reappropriations authorized by chapter 55 of the laws

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1 of 2007 to the department of environmental conservation for environ-2 mental purposes, reimbursement from the proceeds of notes or bonds3 issued by the urban development corporation for capital disbursements of4 up to $3,000,000 from any capital appropriation or reappropriation5 authorized by chapter 50 of the laws of 2007 to the division of military6 and naval affairs for various purposes, reimbursement from the proceeds7 of notes or bonds issued by the urban development corporation for8 disbursements from a capital appropriation of $50,000,000 authorized by9 chapter 50 of the laws of 2007 to the division of state police for10 construction of a Troop G facility, reimbursement from the proceeds of11 notes or bonds issued by the urban development corporation for disburse-12 ments from a capital appropriation of $6,000,000 authorized by chapter13 50 of the laws of 2007 to the division of state police for construction14 of evidence storage facilities, reimbursement from the proceeds of notes15 or bonds issued by the urban development corporation for capital appro-16 priations totaling $77,900,000 authorized by chapter 51 of the laws of17 2007 to the judiciary for court training facilities and courthouse18 improvement projects, reimbursement from the proceeds of notes or bonds19 issued by the urban development corporation for a capital appropriation20 of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state21 departments and agencies for the purchase of equipment, reimbursement22 from the proceeds of notes or bonds issued by the dormitory authority23 for capital disbursements of up to $14,000,000 from any capital appro-24 priation or reappropriation authorized by chapter 53 of the laws of 200725 for library construction, reimbursement from the proceeds of notes or26 bonds issued by the dormitory authority for capital disbursements of up27 to $60,000,000 from any capital appropriation or reappropriation author-28 ized by chapter 53 of the laws of 2007 for cultural education storage29 facilities, reimbursement from the proceeds of notes or bonds issued by30 the urban development corporation for capital disbursements of up to31 $15,000,000 from any capital appropriation or reappropriation authorized32 by chapter 55 of the laws of 2007 for the Roosevelt Island Operating33 Corporation aerial tramway, reimbursement from the proceeds of notes or34 bonds issued by the urban development corporation for capital disburse-35 ments of up to $20,000,000 from any capital appropriation or reappropri-36 ation authorized by chapter 55 of the laws of 2007 for Governor's37 Island, reimbursement from the proceeds of notes or bonds issued by the38 urban development corporation for capital disbursements of up to39 $7,500,000 from any capital appropriation or reappropriation authorized40 by chapter 55 of the laws of 2007 for Harriman research and technology41 park, reimbursement from the proceeds of notes or bonds issued by the42 urban development corporation for capital disbursements of up to43 $7,950,000 from any capital appropriation or reappropriation authorized44 by chapter 55 of the laws of 2007 for USA Niagara, and reimbursement45 from the proceeds of notes or bonds issued by the urban development46 corporation for capital disbursements of up to $1,300,000 from appropri-47 ations authorized by chapter 50 of the laws of 2007 made to the office48 of general services for legislative office building hearing rooms.49 § 27. Notwithstanding any other law, rule, or regulation to the50 contrary, the comptroller is hereby authorized and directed to deposit51 to the credit of the capital projects fund, reimbursement from the52 proceeds of notes or bonds issued by the environmental facilities corpo-53 ration for a capital appropriation of $29,600,000 authorized by chapter54 55 of the laws of 2008 to the department of environmental conservation55 for payment of a portion of the state's match for federal capitalization56 grants for the water pollution control revolving loan fund, reimburse-

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1 ment from the proceeds of notes or bonds issued by the urban development2 corporation for a capital appropriation of $141,000,000 authorized by3 chapter 50 of the laws of 2008 to all state departments and agencies for4 the purchase of equipment or systems development, reimbursement from the5 proceeds of notes or bonds issued by the urban development corporation6 for disbursements of up to $45,500,000 from any capital appropriation or7 reappropriation authorized by chapter 50 of the laws of 2008 to the8 office of general services for various purposes, reimbursement from the9 proceeds of notes or bonds issued by the environmental facilities corpo-10 ration for a capital appropriation of $13,500,000 authorized by chapter11 55 of the laws of 2008 to the energy research and development authority12 for the Western New York Nuclear Service Center at West Valley,13 reimbursement from the proceeds of notes or bonds issued by the environ-14 mental facilities corporation for a capital appropriation of $10,000,00015 authorized by chapter 55 of the laws of 2008 to the department of envi-16 ronmental conservation for Onondaga lake, reimbursement from the17 proceeds of notes or bonds issued by the environmental facilities corpo-18 ration for disbursements of up to $12,000,000 from any capital appropri-19 ations or reappropriations authorized by chapter 55 of the laws of 200820 to the department of environmental conservation for environmental21 purposes, reimbursement from the proceeds of notes or bonds issued by22 the urban development corporation for capital disbursements of up to23 $3,000,000 from any capital appropriation or reappropriation authorized24 by chapter 50 of the laws of 2008 to the division of military and naval25 affairs for various purposes, reimbursement from the proceeds of notes26 or bonds issued by the urban development corporation for a capital27 appropriation of $11,000,000 authorized by chapter 50 of the laws of28 2008 to the office for technology for the costs of development of inter-29 im data center facilities, reimbursement from the proceeds of notes or30 bonds issued by the urban development corporation for a capital appro-31 priation of $10,000,000 authorized by chapter 50 of the laws of 2008 to32 the office for technology for activities related to broadband service,33 reimbursement from the proceeds of notes or bonds issued by the urban34 development corporation for a capital appropriation of $6,000,00035 authorized by chapter 50 of the laws of 2008 to the division of state36 police for rehabilitation of facilities, reimbursement from the proceeds37 of notes or bonds issued by the Dormitory Authority of the State of New38 York or other financing source for a capital appropriation authorized by39 chapter 53 of the laws of 2008 of $14,000,000 to the education depart-40 ment for library construction, reimbursement from the proceeds of notes41 or bonds issued by the Dormitory Authority of the State of New York or42 other financing source for a capital appropriation authorized by chapter43 53 of the laws of 2008 of $15,000,000 to the education department for44 museum renewal projects, reimbursement from the proceeds of notes or45 bonds issued by the urban development corporation for capital appropri-46 ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the47 urban development corporation for services and expenses related to the48 investment opportunity fund, reimbursement from the proceeds of notes or49 bonds issued by the urban development corporation for capital appropri-50 ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the51 urban development corporation for services and expenses related to arts52 and cultural projects, reimbursement from the proceeds of bonds or notes53 issued by the urban development corporation for a capital appropriation54 of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic55 and community development projects, reimbursement from the proceeds of56 bonds or notes issued by the urban development corporation for a capital

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1 appropriation of $30,000,000 authorized by chapter 53 of the laws of2 2008 for New York city waterfront development projects, reimbursement3 from the proceeds of bonds or notes issued by the urban development4 corporation for a capital appropriation of $45,000,000 authorized by5 chapter 53 of the laws of 2008 for Luther Forest infrastructure6 projects, reimbursement from the proceeds of notes or bonds issued by7 the urban development corporation for capital appropriation of8 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban9 development corporation for services and expenses related to downstate10 regional projects, reimbursement from the proceeds of notes or bonds11 issued by the urban development corporation for capital appropriation of12 $145,000,000 authorized by chapter 53 of the laws of 2008 to the urban13 development corporation for services and expenses related to upstate14 city-by-city projects, reimbursement from the proceeds of notes or bonds15 issued by the urban development corporation for capital appropriation of16 $35,000,000 authorized by chapter 53 of the laws of 2008 to the urban17 development corporation for services and expenses related to the down-18 state revitalization projects, reimbursement from the proceeds of notes19 or bonds issued by the urban development corporation for capital appro-20 priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to21 the urban development corporation for services and expenses related to22 the upstate regional blueprint fund, reimbursement from the proceeds of23 notes or bonds issued by the urban development corporation for capital24 appropriation of $40,000,000 authorized by chapter 53 of the laws of25 2008 to the urban development corporation for services and expenses26 related to the upstate agricultural economic development fund,27 reimbursement from the proceeds of notes or bonds issued by the urban28 development corporation for capital appropriation of $350,000,00029 authorized by chapter 53 of the laws of 2008 to the urban development30 corporation for services and expenses related to the New York state31 capital assistance program, reimbursement from the proceeds of notes or32 bonds issued by the urban development corporation for capital appropri-33 ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to34 the urban development corporation for services and expenses related to35 the New York state economic development assistance program, and36 reimbursement from the proceeds of notes or bonds issued by the urban37 development corporation for capital appropriation of $20,000,000 author-38 ized by chapter 55 of the laws of 2008 to the urban development corpo-39 ration for services and expenses related to the empire state economic40 development fund.41 § 28. Notwithstanding any other law, rule, or regulation to the42 contrary, the comptroller is hereby authorized and directed to deposit43 to the credit of the capital projects fund, reimbursement from the44 proceeds of notes or bonds issued by the environmental facilities corpo-45 ration for a capital appropriation of $29,600,000 authorized by chapter46 55 of the laws of 2009 to the department of environmental conservation47 for payment of a portion of the state's match for federal capitalization48 grants for the water pollution control revolving loan fund, reimburse-49 ment from the proceeds of notes or bonds issued by the urban development50 corporation for a capital appropriation of $129,800,000 authorized by51 chapter 50 of the laws of 2009 to all state departments and agencies for52 the purchase of equipment or systems development, reimbursement from the53 proceeds of notes or bonds issued by the urban development corporation54 for disbursements of up to $24,000,000 from any capital appropriation or55 reappropriation authorized by chapter 50 of the laws of 2009 to the56 office of general services for various purposes, reimbursement from the

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1 proceeds of notes or bonds issued by the environmental facilities corpo-2 ration for a capital appropriation of $13,500,000 authorized by chapter3 55 of the laws of 2009 to the energy research and development authority4 for the Western New York Nuclear Service Center at West Valley,5 reimbursement from the proceeds of notes or bonds issued by the environ-6 mental facilities corporation for a capital appropriation of $10,000,0007 authorized by chapter 55 of the laws of 2009 to the department of envi-8 ronmental conservation for Onondaga lake, reimbursement from the9 proceeds of notes or bonds issued by the environmental facilities corpo-10 ration for disbursements of up to $12,000,000 from any capital appropri-11 ations or reappropriations authorized by chapter 55 of the laws of 200912 to the department of environmental conservation for environmental13 purposes, reimbursement from the proceeds of notes or bonds issued by14 the urban development corporation for capital disbursements of up to15 $3,000,000 from any capital appropriation or reappropriation authorized16 by chapter 50 of the laws of 2009 to the division of military and naval17 affairs for various purposes, reimbursement from the proceeds of notes18 or bonds issued by the urban development corporation for a capital19 appropriation of $6,000,000 authorized by chapter 50 of the laws of 200920 to the division of state police for rehabilitation of facilities,21 reimbursement from the proceeds of notes or bonds issued by the Dormito-22 ry Authority of the State of New York or other financing source for a23 capital appropriation authorized by chapter 53 of the laws of 2009 of24 $14,000,000 to the State Education Department for library construction,25 reimbursement from the proceeds of notes or bonds issued by the Dormito-26 ry Authority of the State of New York or other financing source for a27 capital appropriation of $4,000,000 to the State Education Department28 for rehabilitation associated with the St. Regis Mohawk elementary29 school authorized by chapter 53 of the laws of 2009 and reimbursement30 from the proceeds of notes or bonds issued by the urban development31 corporation for capital appropriation of $25,000,000 authorized by chap-32 ter 55 of the laws of 2009 to the urban development corporation for33 services and expenses related to the empire state economic development34 fund.35 § 29. Notwithstanding any other law, rule, or regulation to the36 contrary, the comptroller is hereby authorized and directed to deposit37 to the credit of the capital projects fund, reimbursement from the38 proceeds of notes or bonds issued by the environmental facilities corpo-39 ration for a capital appropriation of $29,600,000 authorized by a chap-40 ter of the laws of 2010 to the department of environmental conservation41 for payment of a portion of the state's match for federal capitalization42 grants for the water pollution control revolving loan fund, reimburse-43 ment from the proceeds of notes or bonds issued by the urban development44 corporation for a capital appropriation of $187,285,000 authorized by a45 chapter of the laws of 2010 to all state departments and agencies for46 the purchase of equipment or systems development, reimbursement from the47 proceeds of notes or bonds issued by the urban development corporation48 for disbursements of up to $26,950,000 from any capital appropriation or49 reappropriation authorized by a chapter of the laws of 2010 to the50 office of general services for various purposes, reimbursement from the51 proceeds of notes or bonds issued by the environmental facilities corpo-52 ration for a capital appropriation of $19,247,000 authorized by a chap-53 ter of the laws of 2010 to the energy research and development authority54 for the Western New York Nuclear Service Center at West Valley,55 reimbursement from the proceeds of notes or bonds issued by the environ-56 mental facilities corporation for a capital appropriation of $5,000,000

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1 authorized by a chapter of the laws of 2010 to the department of envi-2 ronmental conservation for Onondaga lake, reimbursement from the3 proceeds of notes or bonds issued by the environmental facilities corpo-4 ration for disbursements of up to $12,000,000 from any capital appropri-5 ations or reappropriations authorized by a chapter of the laws of 20106 to the department of environmental conservation for environmental7 purposes, reimbursement from the proceeds of notes or bonds issued by8 the urban development corporation for capital disbursements of up to9 $3,000,000 from any capital appropriation or reappropriation authorized10 by a chapter of the laws of 2010 to the division of military and naval11 affairs for various purposes, reimbursement from the proceeds of notes12 or bonds issued by the urban development corporation for a capital13 appropriation of $6,000,000 authorized by a chapter of the laws of 201014 to the division of state police for rehabilitation of facilities,15 reimbursement from the proceeds of notes or bonds issued by the Dormito-16 ry Authority of the State of New York or other financing source for a17 capital appropriation of $14,000,000 authorized by a chapter of the laws18 of 2010 to the State Education Department for library construction and19 reimbursement from the proceeds of notes or bonds issued by the Dormito-20 ry Authority of the State of New York or other financing source for a21 capital appropriation of $42,000,000 for the State preparedness and22 training center.23 § 30. Notwithstanding any other law, rule, or regulation to the24 contrary, the comptroller is hereby authorized and directed to deposit25 to the credit of the capital projects fund, reimbursement from the26 proceeds of notes or bonds issued by the dormitory authority and urban27 development corporation for disbursements of up to $8,000,000 from an28 appropriation authorized by chapter 50 of the laws of 2009 for drug29 courts.30 § 31. Notwithstanding any other law, rule, or regulation to the31 contrary, the comptroller is hereby authorized and directed to deposit32 to the credit of the city university special revenue fund (377),33 reimbursement from the proceeds of notes or bonds issued by the Dormito-34 ry Authority of the State of New York for capital disbursements of up to35 $20,000,000 from any appropriation or reappropriation authorized by36 chapter 53 of the laws of 2009 to the city university of New York for37 various purposes.38 § 32. Notwithstanding any other law, rule, or regulation to the39 contrary, the state comptroller is hereby authorized and directed to use40 any balance remaining in the mental health services fund debt service41 appropriation, after payment by the state comptroller of all obligations42 required pursuant to any lease, sublease, or other financing arrangement43 between the dormitory authority of the state of New York as successor to44 the New York state medical care facilities finance agency, and the45 facilities development corporation pursuant to chapter 83 of the laws of46 1995 and the department of mental hygiene for the purpose of making47 payments to the dormitory authority of the state of New York for the48 amount of the earnings for the investment of monies deposited in the49 mental health services fund that such agency determines will or may have50 to be rebated to the federal government pursuant to the provisions of51 the internal revenue code of 1986, as amended, in order to enable such52 agency to maintain the exemption from federal income taxation on the53 interest paid to the holders of such agency's mental services facilities54 improvement revenue bonds. On or before June 30, 2010, such agency shall55 certify to the state comptroller its determination of the amounts56 received in the mental health services fund as a result of the invest-

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1 ment of monies deposited therein that will or may have to be rebated to2 the federal government pursuant to the provisions of the internal reven-3 ue code of 1986, as amended.4 § 33. (1) Notwithstanding any other law, rule, or regulation to the5 contrary, the state comptroller shall at the commencement of each month6 certify to the director of the budget, the commissioner of environmental7 conservation, the chair of the senate finance committee, and the chair8 of the assembly ways and means committee the amounts disbursed from all9 appropriations for hazardous waste site remediation disbursements for10 the month preceding such certification.11 (2) Notwithstanding any law to the contrary, prior to the issuance by12 the comptroller of bonds authorized pursuant to subdivision a of section13 4 of the environmental quality bond act of nineteen hundred eighty-six,14 as enacted by chapter 511 of the laws of 1986, disbursements from all15 appropriations for that purpose shall first be reimbursed from moneys16 credited to the hazardous waste remedial fund, site investigation and17 construction account, to the extent moneys are available in such18 account. For purposes of determining moneys available in such account,19 the commissioner of environmental conservation shall certify to the20 comptroller the amounts required for administration of the hazardous21 waste remedial program.22 (3) The comptroller is hereby authorized and directed to transfer any23 balance above the amounts certified by the commissioner of environmental24 conservation to reimburse disbursements pursuant to all appropriations25 from such site investigation and construction account; provided, howev-26 er, that if such transfers are determined by the comptroller to be27 insufficient to assure that interest paid to holders of state obli-28 gations issued for hazardous waste purposes pursuant to the environ-29 mental quality bond act of nineteen hundred eighty-six, as enacted by30 chapter 511 of the laws of 1986, is exempt from federal income taxation,31 the comptroller is hereby authorized and directed to transfer, from such32 site investigation and construction account to the general fund, the33 amount necessary to redeem bonds in an amount necessary to assure the34 continuation of such tax exempt status. Prior to the making of any such35 transfers, the comptroller shall notify the director of the budget of36 the amount of such transfers.37 § 34. Intentionally omitted.38 § 35. Subdivision 4 of section 72 of the state finance law, as sepa-39 rately amended by chapters 405 and 957 of the laws of 1981, is amended40 to read as follows:41 4. (a) Any balance of moneys in any debt service fund in excess of___42 both the debt principal and interest payments required to be made from43 such fund during the current fiscal year, or during future fiscal years,44 and any reserve requirement established by statute or by a relevant bond45 covenant, shall be transferred to the general fund.46 (b) On or before the beginning of each quarter, the director of the______________________________________________________________________47 budget may certify to the state comptroller the estimated amount of________________________________________________________________________48 monies that shall be reserved in the general debt service fund for the________________________________________________________________________49 payment of debt service and related expenses payable by such fund during________________________________________________________________________50 each month of the state fiscal year, excluding payments due from the________________________________________________________________________51 revenue bond tax fund. Such certificate may be periodically updated, as________________________________________________________________________52 necessary. Notwithstanding any provision of law to the contrary, the________________________________________________________________________53 state comptroller shall reserve in the general debt service fund the________________________________________________________________________54 amount of monies identified on such certificate as necessary for the________________________________________________________________________55 payment of debt service and related expenses during the current or next________________________________________________________________________

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1 succeeding quarter of the state fiscal year. Such monies reserved shall________________________________________________________________________2 not be available for any other purpose._______________________________________3 § 36. Subdivision 8 of section 68-b of the state finance law, as4 amended by section 50 of part PP of chapter 56 of the laws of 2009, is5 amended to read as follows:6 8. Revenue bonds may only be issued for authorized purposes, as7 defined in section sixty-eight-a of this article. Notwithstanding the8 foregoing, the dormitory authority of the state of New York and the9 urban development corporation may issue revenue bonds for any authorized10 purpose of any other such authorized issuer through March thirty-first,11 two thousand [ten] fifteen. The authorized issuers shall not issue any_______12 revenue bonds in an amount in excess of statutory authorizations for13 such authorized purposes. Authorizations for such authorized purposes14 shall be reduced in an amount equal to the amount of revenue bonds15 issued for such authorized purposes under this article. Such reduction16 shall not be made in relation to revenue bonds issued to fund reserve17 funds, if any, and costs of issuance, if these items are not counted18 under existing authorizations, nor shall revenue bonds issued to refund19 bonds issued under existing authorizations reduce the amount of such20 authorizations.21 § 37. Section 51 of part RR of chapter 57 of the laws of 2008 provid-22 ing for the administration of certain funds and accounts related to the23 2008-2009 budget, as amended by section 13-a of part PP of chapter 56 of24 the laws of 2009, is amended to read as follows:25 § 51. This act shall take effect immediately and shall be deemed to26 have been in full force and effect on and after April 1, 2008; provided,27 however, that the amendments to subdivision 6 of section 4 and subdivi-28 sion 4 of section 40 of the state finance law made by sections fifteen29 and sixteen of this act shall expire on the same date such subdivisions30 expire; and provided, further, however, that section thirty-four of this31 act shall take effect on the same date as the reversion of section 69-c32 of the state finance law as provided in section 58 of part T of chapter33 57 of the laws of 2007, [as amended; provided, further that such amend-34 ments shall expire and be deemed repealed March 31, 2010;] and provided,35 further, however, that sections one, three, four, and eighteen through36 twenty-seven of this act shall expire March 31, 2009 when upon such date37 the provisions of such sections shall be deemed repealed; and provided38 further that section fourteen of this act shall expire March 31, [2010]39 2011 when upon such date the provisions of such section shall be deemed____40 repealed.41 § 38. Subdivision 2 of section 68-a of the state finance law, as42 amended by section 56-a of part PP of chapter 56 of the laws of 2009, is43 amended to read as follows:44 2. "Authorized purpose" for purposes of this article and section nine-45 ty-two-z of this chapter shall mean any purposes for which state-sup-46 ported debt, as defined by section sixty-seven-a of this chapter, may or47 has been issued except debt for which the state is constitutionally48 obligated thereunder to pay debt service and related expenses, and49 except (a) as authorized in paragraph (b) of subdivision one of section50 three hundred eighty-five of the public authorities law, (b) as author-51 ized for the department of health of the state of New York facilities as52 specified in paragraph a of subdivision two of section sixteen hundred53 eighty of the public authorities law, (c) state university of New York54 dormitory facilities as specified in subdivision eight of section55 sixteen hundred seventy-eight of the public authorities law, and (d) as56 authorized for mental health services facilities by section nine-a of

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1 section one of chapter three hundred ninety-two of the laws of nineteen2 hundred seventy-three constituting the New York state medical care3 facilities financing act. Notwithstanding the provisions of clause (d)4 of this subdivision, for the period April first, two thousand nine5 through March thirty-first, two thousand [ten] eleven, mental health______6 services facilities, as authorized by section nine-a of section one of7 chapter three hundred ninety-two of the laws of nineteen hundred seven-8 ty-three constituting the New York state medical care facilities financ-9 ing act, shall constitute an authorized purpose.10 § 39. Paragraph a of subdivision 4 of section 57 of the state finance11 law, as amended by chapter 437 of the laws of 2004, is amended to read12 as follows:13 a. Such bonds shall be sold at par, at par plus a premium [not to14 exceed five percent in the case of refunding bonds or five-tenths of one15 percent in the case of all other bonds], or at a discount to the bidder16 offering the lowest interest cost to the state, taking into consider-17 ation any premium or discount and, in the case of refunding bonds, the18 bona fide initial public offering price, not less than four nor more19 than fifteen days, Sundays excepted, after a notice of such sale has20 been published at least once in a definitive trade publication of the21 municipal bond industry published on each business day in the state of22 New York which is generally available to participants in the municipal23 bond industry, which notice shall state the terms of the sale. The24 comptroller may not change the terms of the sale unless notice of such25 change is sent via a definitive trade wire service of the municipal bond26 industry which, in general, makes available information regarding activ-27 ity and sales of municipal bonds and is generally available to partic-28 ipants in the municipal bond industry, at least one [day] hour prior to____29 the [date] time of the sale as set forth in the original notice of sale.____30 In so changing the terms or conditions of a sale the comptroller may31 send notice by such wire service that the sale will be delayed by up to32 thirty days, provided that wire notice of the new sale date will be33 given at least one business day prior to the new time when bids will be34 accepted. In such event, no new notice of sale shall be required to be35 published. Notwithstanding the provisions of section three hundred five36 of the state technology law or any other law, if the notice of sale37 contains a provision that bids will only be accepted electronically in38 the manner provided in such notice of sale, the comptroller shall not be39 required to accept non-electronic bids in any form. Advertisements shall40 contain a provision to the effect that the state comptroller, in his or__41 her discretion, may reject any or all bids made in pursuance of such___42 advertisements, and in the event of such rejection, the state comp-43 troller is authorized to negotiate a private sale or readvertise for44 bids in the form and manner above described as many times as, in his or__45 her judgment, may be necessary to effect a satisfactory sale. Notwith-___46 standing the foregoing provisions of this paragraph, whenever in the47 judgment of the comptroller the interests of the state will be served48 thereby, he or she may sell state bonds at private sale at par, at par______49 plus a premium [not to exceed five percent in the case of refunding50 bonds or five-tenths of one percent in the case of all other bonds], or51 at a discount. The comptroller shall promulgate regulations governing52 the terms and conditions of any such private sales, which regulations53 shall include a provision that he or she give notice to the governor,______54 the temporary president of the senate, and the speaker of the assembly,55 of his or her intention to conduct a private sale of obligations pursu-______

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1 ant to this section not less than five days prior to such sale or the2 execution of any binding agreement to effect such sale.3 § 40. Paragraph (a) of subdivision 4 of section 60 of the state4 finance law, as amended by chapter 437 of the laws of 2004, is amended5 to read as follows:6 (a) Such bonds shall be sold at par, at par plus a premium [not to7 exceed five percent in the case of refunding bonds or five-tenths of one8 percent in the case of all other bonds], or at a discount to the bidder9 offering the lowest interest cost to the state, taking into consider-10 ation any premium or discount and, in the case of refunding bonds, the11 bona fide initial public offering price, not less than four nor more12 than fifteen days, Sundays excepted, after a notice of such sale has13 been published at least once in a definitive trade publication of the14 municipal bond industry published on each business day in the state of15 New York which is generally available to participants in the municipal16 bond industry, which notice shall state the terms of the sale. The17 comptroller may not change the terms of the sale unless notice of such18 change is sent via a definitive trade wire service of the municipal bond19 industry which, in general, makes available information regarding activ-20 ity and sales of municipal bonds and is generally available to partic-21 ipants in the municipal bond industry, at least one [day] hour prior to____22 the [date] time of the sale as set forth in the original notice of sale.____23 In so changing the terms or conditions of a sale the comptroller may24 send notice by such wire service that the sale will be delayed by up to25 thirty days, provided that wire notice of the new sale date will be26 given at least one business day prior to the new time when bids will be27 accepted. In such event, no new notice of sale shall be required to be28 published. Notwithstanding the provisions of section three hundred five29 of the state technology law or any other law, if the notice of sale30 contains a provision that bids will only be accepted electronically in31 the manner provided in such notice of sale, the comptroller shall not be32 required to accept non-electronic bids in any form. Advertisements shall33 contain a provision to the effect that the state comptroller, in his or__34 her discretion, may reject any or all bids made in pursuance of such___35 advertisements, and in the event of such rejection, the state comp-36 troller is authorized to negotiate a private sale or readvertise for37 bids in the form and manner above described as many times as, in his or__38 her judgment, may be necessary to effect a satisfactory sale. Notwith-___39 standing the foregoing provisions of this subdivision, whenever in the40 judgment of the comptroller the interests of the state will be served41 thereby, he or she may sell state bonds at private sale at par, at par______42 plus a premium [not to exceed five percent in the case of refunding43 bonds or five-tenths of one percent in the case of all other bonds], or44 at a discount. The comptroller shall promulgate regulations governing45 the terms and conditions of any such private sales, which regulations46 shall include a provision that he or she give notice to the governor,______47 the temporary president of the senate, and the speaker of the assembly48 of his or her intention to conduct a private sale of obligations pursu-______49 ant to this section not less than five days prior to such sale or the50 execution of any binding agreement to effect such sale.51 § 41. The state finance law is amended by adding a new section 73 to52 read as follows:53 § 73. Federal interest subsidy payments. Notwithstanding any other______________________________________________________________________54 provision of law to the contrary, the comptroller shall deposit any________________________________________________________________________55 federal interest subsidy payments received by the state for state-sup-________________________________________________________________________56 ported debt issued as build America bonds, as authorized pursuant to the________________________________________________________________________

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1 American Recovery and Reinvestment Act of 2009, as amended or pursuant________________________________________________________________________2 to any successor authorization, to each respective debt service fund________________________________________________________________________3 which relates to such bonds.____________________________4 § 42. Subdivision 2 of section 1680-m of the public authorities law,5 as added by section 39 of part T of chapter 57 of the laws of 2007, is6 amended to read as follows:7 2. Notwithstanding any other provision of law to the contrary, in8 order to assist the authority and the urban development corporation in9 undertaking the financing [of] for construction [of a collections stor-___10 age facility for the state museum, the state library and the state11 archives] and rehabilitation associated with the cultural education_____________________________________________________________12 facilities and the St. Regis Mohawk elementary school, the director of_____________________________________________________13 the budget is hereby authorized to enter into one or more service14 contracts with the authority and the urban development corporation, none15 of which shall exceed thirty years in duration, upon such terms and16 conditions as the director of the budget and the authority and the urban17 development corporation agree, so as to annually provide to the authori-18 ty and the urban development corporation, in the aggregate, a sum not to19 exceed the principal, interest, and related expenses required for such20 bonds and notes. Any service contract entered into pursuant to this21 section shall provide that the obligation of the state to pay the amount22 therein provided shall not constitute a debt of the state within the23 meaning of any constitutional or statutory provision and shall be deemed24 executory only to the extent of monies available and that no liability25 shall be incurred by the state beyond the monies available for such26 purpose, subject to annual appropriation by the legislature. Any such27 contract or any payments made or to be made thereunder may be assigned28 and pledged by the authority and the urban development corporation as29 security for its bonds and notes, as authorized by this section.30 § 43. Subdivision 4 of section 1689-i of the public authorities law,31 as added by chapter 60 of the laws of 2006, is amended to read as32 follows:33 4. [(a)] To obtain funds for the purposes of this section, the author-34 ity shall have power from time to time, in accordance with a schedule35 certified to the authority by the commissioner of education identifying36 eligible library construction projects approved for the payment of aid37 apportionments pursuant to section two hundred seventy-three-a of the38 education law, to issue negotiable bonds or notes of the authority.39 Unless the context shall clearly indicate otherwise, whenever the words40 "bond" or "bonds" are used in this section, such words shall include a41 note or notes of the authority.42 [(b) The dormitory authority shall not issue any bonds or notes in an43 amount in excess of fourteen million dollars for the purposes of this44 section.]45 § 44. Subdivision 5 of section 3234 of the public authorities law, as46 amended by section 54 of part K of chapter 81 of the laws of 2002, is47 amended to read as follows:48 5. A majority of the whole number of directors then in office shall49 constitute a quorum for the transaction of any business or the exercise50 of any power of the corporation. Except as otherwise specified in this51 title, for the transaction of any business or the exercise of any power52 of the corporation, the corporation shall have power to act by a majori-53 ty of the directors present at any meeting at which a quorum is in54 attendance; provided that one or more directors may participate in a55 meeting by means of conference telephone or similar communications56 equipment allowing all directors participating in the meeting to hear

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1 each other at the same time and participation by such means shall2 constitute presence in person at a meeting. A [unanimous] majority vote________3 of all directors then in office shall be required for approval of a______________4 resolution authorizing the issuance of bonds or notes or any supple-5 mental or amendatory resolution and such majority vote must include the________________________________________6 favorable votes of the director of the budget and the comptroller. The__________________________________________________________________7 corporation may delegate to one or more of its directors, or officers,8 agents and employees, such powers and duties as the directors may deem9 proper. Five days notice shall be given to each director and nonvoting10 representative prior to any meeting of the corporation.11 § 45. Subdivisions 6 and 8 of section 1689-i of the public authori-12 ties law, as added by section 4 of part I of chapter 61 of the laws of13 2006, are amended to read as follows:14 6. The commissioner of education shall certify, from time to time, to15 the dormitory authority, the comptroller, the director of the division16 of the budget, the chair of the senate finance committee and the chair17 of the assembly ways and means committee each school district for which18 he or she has determined an aid apportionment for authority financing of19 an EXCEL project pursuant to subdivision fourteen of section thirty-six20 hundred forty-one of the education law. Such certification, which shall21 be made within thirty days after such determination or as soon thereaft-22 er as is practicable, shall identify the amount of aid apportionment23 which has been approved for such school district and shall estimate the24 date or dates when such project will be undertaken [to assist the25 authority in establishing a schedule for financing such project. The26 commissioner of education shall notify the authority if there is a27 change in such date].28 8. To obtain funds for the purposes of this section, the authority29 shall have power from time to time, [in accordance with a certification30 to the authority by the commissioner of education pursuant to subdivi-31 sion six of this section,] to issue negotiable bonds or notes of the32 authority. Unless the context shall clearly indicate otherwise, whenev-33 er the words "bond" or "bonds" are used in this section, such words34 shall include a note or notes of the authority.35 § 46. The state finance law is amended by adding a new section 67-d to36 read as follows:37 § 67-d. State-supported bond authorizations. 1. Subject to the______________________________________________________________________38 provisions of article five-B of this chapter, and notwithstanding any________________________________________________________________________39 other provision of law to the contrary, one or more authorized issuers________________________________________________________________________40 of state-supported debt are hereby authorized to issue bonds and notes________________________________________________________________________41 in such amounts necessary to finance the programmatic purposes as speci-________________________________________________________________________42 fied in this section. The bond authorizations set forth in this section________________________________________________________________________43 shall be further limited to an amount inclusive of any state-supported________________________________________________________________________44 debt issued for such purposes prior to April first, two thousand ten,________________________________________________________________________45 but exclusive of bonds and notes issued to fund any reserve fund or________________________________________________________________________46 funds, premium and discount, costs of issuance, and any other related________________________________________________________________________47 amounts necessary to effectuate the issuance of such bonds or notes. In________________________________________________________________________48 addition, the director of the budget shall annually report on the________________________________________________________________________49 amounts authorized for such purposes, as they relate to capital appro-________________________________________________________________________50 priations authorized to be bond financed in the enacted budget._______________________________________________________________51 (a) Authorized issuers of state-supported debt for education purposes______________________________________________________________________52 are authorized to issue bonds or notes in such amounts necessary to________________________________________________________________________53 finance project costs in a total amount not to exceed twenty-one billion________________________________________________________________________54 seven hundred eighty-nine million eight hundred forty-one thousand________________________________________________________________________55 dollars ($21,789,841,000) including:____________________________________56 (i) State University of New York ("SUNY") Education Facilities______________________________________________________________

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1 (ii) State University of New York Housing Facilities____________________________________________________2 (iii) State University of New York Upstate Community Colleges_____________________________________________________________3 (iv) City of New York ("CUNY") Facilities_________________________________________4 (v) State Education Department______________________________5 (vi) Library for the Blind__________________________6 (vii) State University of New York Athletic Facilities______________________________________________________7 (viii) RESCUE_____________8 (ix) University Facilities (Jobs 2000)______________________________________9 (x) School District Capital Outlay Grants_________________________________________10 (xi) Judicial Training Institute________________________________11 (xii) Transportation Transition Grants______________________________________12 (xiii) Public Broadcasting Facilities_____________________________________13 (xiv) Higher Education Capital Matching Grants______________________________________________14 (xv) Expanding our Children's Education and Learning (EXCEL)____________________________________________________________15 (xvi) Library Facilities________________________16 (xvii) Cultural Education Storage Facilities____________________________________________17 (b) Authorized issuers of state-supported debt for environmental______________________________________________________________________18 purposes are authorized to issue bonds or notes in such amounts neces-________________________________________________________________________19 sary to finance project costs in a total amount not to exceed the amount________________________________________________________________________20 of two billion nine hundred seventy-five million eight hundred ninety-________________________________________________________________________21 seven thousand dollars ($2,975,897,000), including:___________________________________________________22 (i) Environmental Infrastructure Projects_________________________________________23 (ii) Hazardous Waste Remediation________________________________24 (iii) Riverbank State Park__________________________25 (iv) Water Pollution Control____________________________26 (v) State Park Infrastructure_____________________________27 (vi) Pipeline for Jobs (Jobs 2000)__________________________________28 (vii) Western New York Nuclear Service Center (West Valley)___________________________________________________________29 (viii) Long Island Pine Barrens Preserve________________________________________30 (ix) Pilgrim Sewage Plant_________________________31 (c) Authorized issuers of state-supported debt for state facilities______________________________________________________________________32 purposes are authorized to issue bonds or notes in such amounts neces-________________________________________________________________________33 sary to finance project costs in a total amount not to exceed a total________________________________________________________________________34 amount of eight billion nine hundred forty-seven million six hundred________________________________________________________________________35 fifty-six thousand dollars ($8,947,656,000), including:_______________________________________________________36 (i) Empire State Plaza______________________37 (ii) State Capital Projects___________________________38 (iii) Division of State Police Facilities_________________________________________39 (iv) Division of Military and Naval Affairs___________________________________________40 (v) Alfred E. Smith Building____________________________41 (vi) Elk Street Parking Garage______________________________42 (vii) Improvements to State office buildings and other facilities_________________________________________________________________43 (viii) Judiciary Improvements_____________________________44 (ix) Office of State Comptroller State Buildings________________________________________________45 (x) Albany Parking Garage (East Parking Garage)_______________________________________________46 (xi) State office buildings and other facilities________________________________________________47 (xii) Equipment Acquisition___________________________48 (xiii) Correctional Facilities______________________________49 (xiv) Homeland Security and Training Facilities_______________________________________________50 (xv) Youth Facilities_____________________51 (xvi) E-911 Program___________________52 (xvii) Office for Technology Facilities_______________________________________53 (xviii) Food Laboratory_______________________54 (xix) Courthouse Improvements_____________________________55 (xx) New York Racing Association (NYRA) Land Acquisition and Video______________________________________________________________________56 Lottery Terminal Construction_____________________________

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1 (d) Authorized issuers of state-supported debt for economic develop-______________________________________________________________________2 ment purposes are authorized to issue bonds or notes in such amounts________________________________________________________________________3 necessary to finance project costs in a total amount not to exceed a________________________________________________________________________4 total amount of ten billion six hundred ninety-seven million two hundred________________________________________________________________________5 forty-eight thousand dollars ($10,697,248,000), including:__________________________________________________________6 (i) Housing Programs____________________7 (ii) Javits Convention Center_____________________________8 (iii) Community Enhancement Facilities______________________________________9 (iv) Science and Technology Center (Syracuse)_____________________________________________10 (v) Super Computer Center (Cornell)___________________________________11 (vi) The Center for Telecommunications (Columbia)_________________________________________________12 (vii) Higher Education Applied Technology (HEAT) Program________________________________________________________13 (viii) Industrial Innovation (City of Troy/RPI Refunding)_________________________________________________________14 (ix) The Center for Advance Materials Processing (Clarkson)___________________________________________________________15 (x) The Center for Electro-Optic Imaging (Rochester)____________________________________________________16 (xi) The Center for Neural Science (NYU)________________________________________17 (xii) Incubator Facilities (Alfred)___________________________________18 (xiii) Onondaga Convention Center_________________________________19 (xiv) Sports Facilities_______________________20 (xv) Child Care Facilities__________________________21 (xvi) Bio-Tech Facilities_________________________22 (xvii) Strategic Investment Program (SIP)_________________________________________23 (xviii) Regional Economic Development_____________________________________24 (xix) New York State Economic Development_________________________________________25 (xx) Regional Economic Development 2004_______________________________________26 (xxi) High Technology and Development_____________________________________27 (xxii) Regional Economic Development/SPUR_________________________________________28 (xxiii) Buffalo Inner Harbor____________________________29 (xxiv) Jobs Now Program_______________________30 (xxv) Economic Development 2006_______________________________31 (xxvi) Javits Convention Center Expansion(2006)_______________________________________________32 (xxvii) Queens Stadium______________________33 (xxviii) Bronx Stadium______________________34 (xxix) New York State Economic Development Stadium Parking__________________________________________________________35 (xxx) State Modernization Projects__________________________________36 (xxxi) International Computer Chip Research and Development Center__________________________________________________________________37 (xxxii) 2008 and 2009 Economic Development Initiatives______________________________________________________38 (xxxiii) H.H. Richardson Complex & Darwin Martin House______________________________________________________39 (e) Authorized issuers of state-supported debt for health and mental______________________________________________________________________40 hygiene purposes are authorized to issue bonds or notes in such amounts________________________________________________________________________41 necessary to finance project costs in a total amount not to exceed a________________________________________________________________________42 total amount of eight billion four hundred sixty-four million two________________________________________________________________________43 hundred sixty-eight thousand dollars ($8,464,268,000), including:_________________________________________________________________44 (i) Department of Health Facilities___________________________________45 (ii) Mental Health Services Facilities______________________________________46 (iii) HEAL NY Capital Program_____________________________47 (f) Authorized issuers of state-supported debt for transportation______________________________________________________________________48 purposes are authorized to issue bonds or notes in such amounts neces-________________________________________________________________________49 sary to finance project costs in a total amount not to exceed a total________________________________________________________________________50 amount of twenty-four billion eight hundred forty million four hundred________________________________________________________________________51 thirty-four thousand dollars ($24,840,434,000), including:__________________________________________________________52 (i) Albany County Airport_________________________53 (ii) Consolidated Highway Improvement Program (CHIPs)_____________________________________________________54 (iii) Dedicated Highway and Bridge Trust Fund_____________________________________________55 (iv) High Speed Rail Projects_____________________________

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1 (v) Metropolitan Transportation Authority Transit and Commuter______________________________________________________________________2 Projects________3 (g) The local government assistance corporation is authorized to issue______________________________________________________________________4 bonds or notes in such amounts necessary to finance project costs in a________________________________________________________________________5 total amount not to exceed a total amount of four billion seven hundred________________________________________________________________________6 million dollars ($4,700,000,000)._________________________________7 2. Notwithstanding any other provision of law to the contrary, in______________________________________________________________________8 order to assist the issuers of state-supported debt not otherwise________________________________________________________________________9 secured by a dedication of specific revenues, the director of budget is________________________________________________________________________10 authorized to enter into one or more service contracts or other agree-________________________________________________________________________11 ments, none of which shall exceed thirty years in duration, with the________________________________________________________________________12 issuers of such state-supported debt, upon such terms and conditions as________________________________________________________________________13 the director of the budget and the issuers shall agree._______________________________________________________14 (a) Any service contract or other agreements entered into pursuant to______________________________________________________________________15 this subdivision or any payments made or to be made thereunder may be________________________________________________________________________16 assigned and pledged by the issuer as security for its bonds, notes, or________________________________________________________________________17 other obligations.__________________18 (b) Any such service contract or other agreements shall provide that______________________________________________________________________19 the obligation of the director of the budget or of the state to fund or________________________________________________________________________20 to pay the amounts therein provided for shall not constitute a debt of________________________________________________________________________21 the state within the meaning of any constitutional or statutory________________________________________________________________________22 provision and shall be deemed executory only to the extent moneys are________________________________________________________________________23 available and that no liability shall be incurred by the state beyond________________________________________________________________________24 the moneys available for such purpose, and that such obligation is________________________________________________________________________25 subject to annual appropriation by the legislature. Except for the________________________________________________________________________26 purpose of complying with the internal revenue code, any interest income________________________________________________________________________27 earned on bond proceeds shall only be used to pay debt service on such________________________________________________________________________28 bonds.______29 (c) Any service contract or other agreements entered into pursuant to______________________________________________________________________30 this subdivision shall provide for state commitments to provide annually________________________________________________________________________31 to the issuer a sum or sums, upon such terms and conditions as shall be________________________________________________________________________32 deemed appropriate by the director of the budget and the authorized________________________________________________________________________33 issuer, to fund the principal, interest, and other related expenses________________________________________________________________________34 required for any bonds, notes, or other obligations.____________________________________________________35 3. In addition to the debt authorizations specified in subdivision one______________________________________________________________________36 of this section, the issuers of state-supported debt may also issue________________________________________________________________________37 bonds and notes to refund or otherwise repay previously issued state-________________________________________________________________________38 supported debt. The aggregate amount of indebtedness evidenced by bonds________________________________________________________________________39 and notes of the authorized issuer hereinafter issued pursuant to this________________________________________________________________________40 paragraph, including as may have been previously authorized in law,________________________________________________________________________41 shall exclude the amount of such indebtedness represented by such bonds________________________________________________________________________42 or notes issued to refund or otherwise repay bonds or notes; provided________________________________________________________________________43 that the amount so excluded under this paragraph may exceed the princi-________________________________________________________________________44 pal amount of such bonds or notes that were refunded or otherwise repaid________________________________________________________________________45 only if the present value of the aggregate debt service on the refunding________________________________________________________________________46 bonds or notes shall not have at the time of their issuance exceeded the________________________________________________________________________47 present value of the aggregate debt service of the bonds or notes they________________________________________________________________________48 were issued to refund or repay, such present value in each case being________________________________________________________________________49 calculated by using the effective interest rate of the refunding or________________________________________________________________________50 repayment bonds or notes, which shall be that rate arrived at by doubl-________________________________________________________________________51 ing the semi-annual interest rate (compounded semi-annually) necessary________________________________________________________________________52 to discount the debt service payments on the refunding or repayment________________________________________________________________________53 bonds or notes from the payment date thereof to the date of issue of the________________________________________________________________________54 refunding or repayment bonds or notes and to the price bid therefor, or________________________________________________________________________55 to the proceeds received by the authorized issuer from the sale thereof________________________________________________________________________56 or as such present value is otherwise determined in law.________________________________________________________

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1 § 47. Paragraph (c) of subdivision 19 of section 1680 of the public2 authorities law, as amended by section 36 of part PP of chapter 56 of3 the laws of 2009, is amended to read as follows:4 (c) Subject to the provisions of chapter fifty-nine of the laws of two5 thousand, the dormitory authority shall not issue any bonds for state6 university educational facilities purposes if the principal amount of7 bonds to be issued when added to the aggregate principal amount of bonds8 issued by the dormitory authority on and after July first, nineteen9 hundred eighty-eight for state university educational facilities will10 exceed ten billion eighty-nine million dollars; provided, however, that11 bonds issued or to be issued shall be excluded from such limitation if:12 (1) such bonds are issued to refund state university construction bonds13 and state university construction notes previously issued by the housing14 finance agency; or (2) such bonds are issued to refund bonds of the15 authority or other obligations issued for state university educational16 facilities purposes and the present value of the aggregate debt service17 on the refunding bonds does not exceed the present value of the aggre-18 gate debt service on the bonds refunded thereby; provided, further that19 upon certification by the director of the budget that the issuance of20 refunding bonds or other obligations issued between April first, nine-21 teen hundred ninety-two and March thirty-first, nineteen hundred nine-22 ty-three will generate long term economic benefits to the state, as23 assessed on a present value basis, such issuance will be deemed to have24 met the present value test noted above. For purposes of this subdivi-25 sion, the present value of the aggregate debt service of the refunding26 bonds and the aggregate debt service of the bonds refunded, shall be27 calculated by utilizing the true interest cost of the refunding bonds,28 which shall be that rate arrived at by doubling the semi-annual interest29 rate (compounded semi-annually) necessary to discount the debt service30 payments on the refunding bonds from the payment dates thereof to the31 date of issue of the refunding bonds to the purchase price of the32 refunding bonds, including interest accrued thereon prior to the issu-33 ance thereof. The maturity of such bonds, other than bonds issued to34 refund outstanding bonds, shall not exceed the weighted average economic35 life, as certified by the state university construction fund, of the36 facilities in connection with which the bonds are issued, and in any37 case not later than the earlier of thirty years or the expiration of the38 term of any lease, sublease or other agreement relating thereto;39 provided that no note, including renewals thereof, shall mature later40 than five years after the date of issuance of such note. The legislature41 reserves the right to amend or repeal such limit, and the state of New42 York, the dormitory authority, the state university of New York, and the43 state university construction fund are prohibited from covenanting or44 making any other agreements with or for the benefit of bondholders which45 might in any way affect such right. Notwithstanding the provisions of_________________________________46 this paragraph, on and after April first, two thousand ten, the amount________________________________________________________________________47 of state-supported debt, as such term is defined in subdivision one of________________________________________________________________________48 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________49 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________50 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________51 law providing therefor._______________________52 § 48. Paragraph j of subdivision 2 of section 1680 of the public53 authorities law, as amended by section 37 of part PP of chapter 56 of54 the laws of 2009, is amended to read as follows:55 j. Subject to the provisions of chapter fifty-nine of the laws of two56 thousand, the maximum amount of bonds and notes to be issued after March

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1 thirty-first, two thousand two for a housing unit for the use of2 students at a state-operated institution or statutory or contract3 college under the jurisdiction of the state university of New York shall4 be one billion two hundred thirty million dollars. Such amount shall be5 exclusive of bonds and notes issued to fund any reserve fund or funds,6 costs of issuance, and to refund any outstanding bonds and notes relat-7 ing to a housing unit under the jurisdiction of the state university of8 New York. Notwithstanding the provisions of this paragraph, on and after______________________________________________________________9 April first, two thousand ten, the amount of state-supported debt, as________________________________________________________________________10 such term is defined in subdivision one of section sixty-seven-a of the________________________________________________________________________11 state finance law, authorized to be issued shall not exceed the amount________________________________________________________________________12 set forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________13 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________14 § 49. Subdivision 10-a of section 1680 of the public authorities law,15 as amended by section 38 of part PP of chapter 56 of the laws of 2009,16 is amended to read as follows:17 10-a. Subject to the provisions of chapter fifty-nine of the laws of18 two thousand, but notwithstanding any other provision of the law to the19 contrary, the maximum amount of bonds and notes to be issued after March20 thirty-first, two thousand two, on behalf of the state, in relation to21 any locally sponsored community college, shall be five hundred thirty-22 six million dollars. Such amount shall be exclusive of bonds and notes23 issued to fund any reserve fund or funds, costs of issuance and to24 refund any outstanding bonds and notes, issued on behalf of the state,25 relating to a locally sponsored community college. Notwithstanding the____________________26 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________27 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________28 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________29 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________30 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________31 en-d of the state finance law providing therefor._________________________________________________32 § 50. Paragraph (c) of subdivision 14 of section 1680 of the public33 authorities law, as amended by section 39 of part PP of chapter 56 of34 the laws of 2009, is amended to read as follows:35 (c) Subject to the provisions of chapter fifty-nine of the laws of two36 thousand, (i) the dormitory authority shall not deliver a series of37 bonds for city university community college facilities, except to refund38 or to be substituted for or in lieu of other bonds in relation to city39 university community college facilities pursuant to a resolution of the40 dormitory authority adopted before July first, nineteen hundred eighty-41 five or any resolution supplemental thereto, if the principal amount of42 bonds so to be issued when added to all principal amounts of bonds43 previously issued by the dormitory authority for city university commu-44 nity college facilities, except to refund or to be substituted in lieu45 of other bonds in relation to city university community college facili-46 ties will exceed the sum of four hundred twenty-five million dollars and47 (ii) the dormitory authority shall not deliver a series of bonds issued48 for city university facilities, including community college facilities,49 pursuant to a resolution of the dormitory authority adopted on or after50 July first, nineteen hundred eighty-five, except to refund or to be51 substituted for or in lieu of other bonds in relation to city university52 facilities and except for bonds issued pursuant to a resolution supple-53 mental to a resolution of the dormitory authority adopted prior to July54 first, nineteen hundred eighty-five, if the principal amount of bonds so55 to be issued when added to the principal amount of bonds previously56 issued pursuant to any such resolution, except bonds issued to refund or

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1 to be substituted for or in lieu of other bonds in relation to city2 university facilities, will exceed six billion eight hundred forty-three3 million two hundred thousand dollars. The legislature reserves the4 right to amend or repeal such limit, and the state of New York, the5 dormitory authority, the city university, and the fund are prohibited6 from covenanting or making any other agreements with or for the benefit7 of bondholders which might in any way affect such right. Notwithstanding_______________8 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________9 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________10 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________11 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________12 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________13 en-d of the state finance law providing therefor._________________________________________________14 § 51. Paragraph d of subdivision 19 of section 1680 of the public15 authorities law, as added by chapter 349 of the laws of 1988, is amended16 to read as follows:17 d. Any service contract or contracts for projects entered into pursu-18 ant to this subdivision shall provide for state commitments to provide19 annually to the dormitory authority a sum or sums, upon such terms and20 conditions as shall be deemed appropriate by the director of the budget,21 to fund, or to fund the debt service requirements of any bonds or notes,22 including bonds issued to fund any required debt service reserve23 requirement for bonds, of the dormitory authority issued to fund such24 projects having a cost not in excess of sixteen million dollars;25 provided that notwithstanding the provisions of this paragraph, on and________________________________________________________________________26 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________27 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________28 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________29 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________30 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________31 therefor; and_________32 § 52. Subdivision 8 of section 1680-e of the public authorities law,33 as added by chapter 177 of the laws of 1991, is amended to read as34 follows:35 8. The authority shall not issue its bonds to finance the design,36 construction, reconstruction, rehabilitation, improvement, furnishing37 and equipping of a state university athletic facility in an aggregate38 principal amount greater than twenty-two million dollars; provided,39 however, that, in addition to such bonds, the authority may issue an40 aggregate principal amount of bonds sufficient to fund any reserve funds41 established in connection therewith to pay the costs incurred in42 connection with the issuance of any of such bonds and the cost of the43 management of the design and construction of the state university44 athletic facility. Notwithstanding the provisions of this subdivision,___________________________________________________45 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________46 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________47 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________48 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________49 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________50 ing therefor._____________51 § 53. Paragraph (b) of subdivision 4 of section 1689-a of the public52 authorities law, as amended by section 43 of part H of chapter 56 of the53 laws of 2000, is amended to read as follows:54 (b) The dormitory authority shall not issue any bonds or notes in an55 amount in excess of one hundred ninety-five million dollars for the56 purposes of this section, excluding a principal amount of bonds or notes

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1 issued to fund one or more debt service reserve funds, to pay for the2 costs of issuance of such bonds, and bonds or notes issued to refund or3 otherwise repay such bonds, and bonds or notes previously issued. Except4 for the purposes of complying with the internal revenue code, any inter-5 est income earned on bond proceeds shall only be used to pay debt6 service on such bonds or notes.7 In computing for the purposes of this paragraph, the aggregate amount8 of indebtedness evidenced by bonds and notes of the dormitory authority9 issued pursuant to this section, there shall be excluded the amount of10 such indebtedness represented by such bonds or notes issued to refund or11 otherwise repay bonds or notes, provided that the amount so excluded12 under this clause may exceed the principal amount of such bonds or notes13 that were issued to refund or otherwise repay only if the present value14 of the aggregate debt service on the refunding or repayment bonds or15 notes shall not have at the time of their issuance exceeded the present16 value of the aggregate debt service of the bonds or notes they were17 issued to refund or repay, such present value in each case being calcu-18 lated by using the effective interest rate of the refunding or repayment19 bonds or notes, which shall be that rate arrived at by doubling the20 semi-annual interest rate (compounded semi-annually) necessary to21 discount the debt service payments on the refunding or repayment bonds22 or notes from the payment date thereof to the date of issue of the23 refunding or repayment bonds or notes and to the price bid therefor, or24 to the proceeds received by the dormitory authority from the sale there-25 of, in each case including estimated accrued interest. Notwithstanding_______________26 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________27 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________28 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________29 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________30 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________31 en-d of the state finance law providing therefor._________________________________________________32 § 54. Paragraph (b) of subdivision 3 of section 1689-c of the public33 authorities law, as added by chapter 624 of the laws of 1999, is amended34 to read as follows:35 (b) The authority shall not issue any bonds or notes in an amount in36 excess of forty-seven million five hundred thousand dollars for the37 purposes of this subdivision, excluding a principal amount of bonds or38 notes issued to fund one or more debt service reserve funds, to pay for39 the costs of issuance of such bonds, and bonds or notes issued to refund40 or otherwise repay such bonds, and bonds or notes previously issued.41 Except for the purposes of complying with the internal revenue code, any42 interest income earned on bond proceeds shall only be used to pay debt43 service on such bonds or notes.44 In computing for the purposes of this subdivision, the aggregate45 amount of indebtedness evidenced by bonds and notes of the authority46 issued pursuant to this subdivision, there shall be excluded the amount47 of such indebtedness represented by such bonds or notes issued to refund48 or otherwise repay bonds or notes, provided that the amount so excluded49 under this paragraph may exceed the principal amount of such bonds or50 notes that were issued to refund or otherwise repay only if the present51 value of the aggregate debt service on the refunding or repayment bonds52 or notes shall not have at the time of their issuance exceeded the pres-53 ent value of the aggregate debt service of the bonds or notes they were54 issued to refund or repay, such present value in each case being calcu-55 lated by using the effective interest rate of the refunding or repayment56 bonds or notes, which shall be that rate arrived at by doubling the

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1 semi-annual interest rate (compounded semi-annually) necessary to2 discount the debt service payments on the refunding or repayment bonds3 or notes from the payment date thereof to the date of issue of the4 refunding or repayment bonds or notes and to the price bid therefor, or5 to the proceeds received by the dormitory authority from the sale there-6 of, in each case including estimated accrued interest. Notwithstanding_______________7 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________8 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________9 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________10 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________11 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________12 en-d of the state finance law providing therefor._________________________________________________13 § 55. Paragraph (b) of subdivision 4 of section 1689-f of the public14 authorities law, as added by section 64 of part H of chapter 83 of the15 laws of 2002, is amended to read as follows:16 (b) The dormitory authority shall not issue any bonds or notes in an17 amount in excess of one hundred forty million dollars for the purposes18 of this section, plus a principal amount of bonds or notes:19 (1) to fund any debt service reserve fund, and20 (2) to provide for the payment of fees and other charges and expenses,21 including underwriters' discount, related to the issuance of such bonds22 or notes, or related to the provision of any applicable bond or note23 facilities.24 In computing for the purposes of this paragraph, the aggregate amount25 of indebtedness evidenced by bonds and notes of the dormitory authority26 issued pursuant to this title, there shall be excluded the amount of27 such indebtedness represented by such bonds or notes issued to refund or28 otherwise repay bonds or notes, provided that the amount so excluded29 under the clause may exceed the principal amount of such bonds or notes30 that were issued to refund or otherwise repay only if the present value31 of the aggregate debt service on the refunding or repayment bonds or32 notes shall not have at the time of their issuance exceeded the present33 value of the aggregate debt service of the bonds or notes they were34 issued to refund or repay, such present value in each case being calcu-35 lated by using the effective interest rate of the refunding or repayment36 bonds or notes, which shall be that rate arrived at by doubling the37 semi-annual interest rate (compounded semi-annually) necessary to38 discount the debt service payments on the refunding or repayment bonds39 or notes from the payment date thereof to the date of issue of the40 refunding or repayment bonds or notes from the payment date thereof to41 the date of issue of the refunding or repayment bonds or notes and to42 the price bid therefor, or to the proceeds received by the dormitory43 authority from the sale thereof, in each case including estimated44 accrued interest. Notwithstanding the provisions of this paragraph, on_____________________________________________________45 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________46 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________47 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________48 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________49 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________50 therefor._________51 § 56. Subdivision 2 of section 219-a of the judiciary law, as amended52 by section 27 of part K of chapter 81 of the laws of 2002, is amended to53 read as follows:54 2. The chief administrator of the courts may enter into an agreement55 jointly with the dormitory authority and with any other person, firm,56 association, corporation or agency pursuant to which facilities for such

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1 institute shall be constructed or otherwise provided and thereafter2 maintained. The maximum amount of bonds that may be issued for such3 institute is sixteen million one hundred five thousand dollars, exclu-4 sive of bonds issued to fund any reserve fund or funds, pay costs of5 issuance and refund bonds. Expenses of the unified court system in6 relation to this agreement shall be paid out of funds appropriated from7 the court facilities incentive aid fund to the judiciary for that8 purpose. Notwithstanding the provisions of this subdivision, on and____________________________________________________________9 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________10 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________11 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________12 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________13 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________14 therefor._________15 § 57. Subdivision (a) of section 61 of part C of chapter 57 of the16 laws of 2004, amending the education law and other laws relating to the17 calculation and payment of state aid to school districts and boards of18 cooperative educational services, is amended to read as follows:19 (a) Subject to the provisions of chapter 59 of the laws of 2000, but20 notwithstanding any provisions of law to the contrary, one or more21 authorized issuers as defined by section 68-a of the state finance law22 are hereby authorized to issue bonds or notes in one or more series in23 an aggregate principal amount not to exceed $80,000,000, excluding bonds24 issued to finance one or more debt service reserve funds, to pay costs25 of issuance of such bonds, and bonds or notes issued to refund or other-26 wise repay such bonds or notes previously issued, for the purpose of27 financing transportation capital expense transition grants base year28 approved expenses for transportation capital, debt service and leases;29 and to reimburse the state general fund for disbursements made therefor.30 Such bonds and notes of such authorized issuer shall not be a debt of31 the state, and the state shall not be liable thereon, nor shall they be32 payable out of any funds other than those appropriated by the state to33 such authorized issuer for debt service and related expenses pursuant to34 any service contract executed pursuant to subdivision (b) of this35 section and such bonds and notes shall contain on the face thereof a36 statement to such effect. Except for purposes of complying with the37 internal revenue code, any interest income earned on bond proceeds shall38 only be used to pay debt service on such bonds. Notwithstanding the___________________39 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________40 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________41 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________42 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________43 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________44 en-d of the state finance law providing therefor._________________________________________________45 § 58. Paragraph a of subdivision 5 of section 236-a of the education46 law, as added by section 1 of part P of chapter 57 of the laws of 2005,47 is amended to read as follows:48 a. Subject to the provisions of chapter fifty-nine of the laws of two49 thousand, but notwithstanding any provisions of law to the contrary, one50 or more authorized issuers as defined by section sixty-eight-a of the51 state finance law are hereby authorized to issue bonds or notes in one52 or more series in an aggregate principal amount not to exceed fifteen53 million dollars, excluding bonds issued to finance one or more debt54 service reserve funds, to pay costs of issuance of such bonds, and bonds55 or notes issued to refund or otherwise repay such bonds or notes previ-56 ously issued, for the purpose of financing approved capital improvement

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1 project grants for public broadcasting stations in New York state; and2 to reimburse the state general fund for disbursements made therefor.3 Such bonds and notes of such authorized issuer shall not be a debt of4 the state, and the state shall not be liable thereon, nor shall they be5 payable out of any funds other than those appropriated by the state to6 such authorized issuer for debt service and related expenses pursuant to7 any service contract executed pursuant to paragraph b of this subdivi-8 sion and such bonds and notes shall contain on the face thereof a state-9 ment to such effect. Except for purposes of complying with the internal10 revenue code, any interest income earned on bond proceeds shall only be11 used to pay debt service on such bonds. Notwithstanding the provisions______________________________12 of this paragraph, on and after April first, two thousand ten, the________________________________________________________________________13 amount of state-supported debt, as such term is defined in subdivision________________________________________________________________________14 one of section sixty-seven-a of the state finance law, authorized to be________________________________________________________________________15 issued shall not exceed the amount set forth in, and shall be issued in________________________________________________________________________16 accordance with, the provisions of section sixty-seven-d of the state________________________________________________________________________17 finance law providing therefor._______________________________18 § 58-a. Section 2 of part P of chapter 57 of the laws of 2005, amend-19 ing the education law relating to establishing a program of capital20 financing for public broadcasting stations, as amended by chapter 167 of21 the laws of 2009, is amended to read as follows:22 § 2. This act shall take effect immediately and shall be deemed to23 have been in full force and effect on and after April 1, 2005, and shall24 expire March 31, [2010] 2011 when upon such date the provisions of this____25 act shall be deemed repealed.26 § 59. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision27 4 of section 1 of part U of chapter 57 of the laws of 2005, amending the28 labor law and other laws relating to implementing the state fiscal plan29 for the 2005-2006 state fiscal year, as added by section 1 of part D of30 chapter 63 of the laws of 2005, is amended to read as follows:31 (B) The dormitory authority shall not issue any bonds or notes in an32 amount in excess of 150 million dollars for the purposes of this33 section; excluding bonds or notes issued to fund one or more debt34 service reserve funds, to pay costs of issuance of such bonds, and bonds35 or notes issued to refund or otherwise repay such bonds or notes previ-36 ously issued. Except for purposes of complying with the internal revenue37 code, any interest on bond proceeds shall only be used to pay debt38 service on such bonds. Notwithstanding the provisions of this clause, on_________________________________________________39 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________40 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________41 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________42 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________43 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________44 therefor._________45 § 60. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision46 4 of section 1680-j of the public authorities law, as added by section 147 of part MM of chapter 59 of the laws of 2004, is amended to read as48 follows:49 (B) The dormitory authority shall not issue any bonds or notes in an50 amount in excess of three hundred fifty million dollars for the purposes51 of this section; excluding bonds or notes issued to fund one or more52 debt service reserve funds, to pay costs of issuance of such bonds, and53 bonds or notes issued to refund or otherwise repay such bonds or notes54 previously issued. Except for purposes of complying with the internal55 revenue code, any interest on bond proceeds shall only be used to pay56 debt service on such bonds. Notwithstanding the provisions of this______________________________________

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1 clause, on and after April first, two thousand ten, the amount of state-________________________________________________________________________2 supported debt, as such term is defined in subdivision one of section________________________________________________________________________3 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________4 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________5 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________6 providing therefor.___________________7 § 61. Paragraph a of subdivision 14 of section 3641 of the education8 law, as added by section 2 of part I of chapter 61 of the laws of 2006,9 is amended to read as follows:10 a. Establishment of the EXCEL program. There is hereby established the11 expanding our children's education and learning (EXCEL) program to12 provide project financing or assistance in the form of grants to eligi-13 ble school districts, in addition to, or in lieu of, the apportionments14 made pursuant to subdivisions six, six-a, six-b, six-c, [six-d,] six-e,15 six-f and paragraph c of subdivision fourteen of section thirty-six16 hundred two of this article, and subdivisions ten and twelve of this17 section, for the costs of EXCEL school facility projects. An apportion-18 ment for any such project shall initially be available in the state19 fiscal year commencing April first, two thousand six. Notwithstanding20 any provision of law to the contrary, the dormitory authority of the21 state of New York shall be authorized to issue bonds or notes in an22 aggregate amount not to exceed two billion six hundred million dollars23 for purposes of the EXCEL program. Notwithstanding the provisions of_________________________________24 this paragraph, on and after April first, two thousand ten, the amount________________________________________________________________________25 of state-supported debt, as such term is defined in subdivision one of________________________________________________________________________26 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________27 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________28 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________29 law providing therefor._______________________30 § 62. Subdivision 9 of section 1689-i of the public authorities law,31 as added by section 4 of part I of chapter 61 of the laws of 2006, is32 amended to read as follows:33 9. The dormitory authority shall not issue any bonds or notes in an34 amount in excess of two billion six hundred million dollars for the35 purposes of this section, excluding a principal amount of bonds or notes36 issued to fund one or more debt service reserve funds, to pay for the37 costs of issuance of such bonds, and bonds or notes issued to refund or38 otherwise repay such bonds, and bonds or notes previously issued. Except39 for the purposes of complying with the internal revenue code, any inter-40 est income earned on bond proceeds shall only be used to pay debt41 service on such bonds or notes. Notwithstanding the provisions of this______________________________________42 subdivision, on and after April first, two thousand ten, the amount of________________________________________________________________________43 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________44 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________45 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________46 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________47 law providing therefor._______________________48 § 63. Subdivision 1 of section 1689-i of the public authorities law,49 as amended by section 40 of part PP of chapter 56 of the laws of 2009,50 is amended to read as follows:51 1. The dormitory authority is authorized to issue bonds, at the52 request of the commissioner of education, to finance eligible library53 construction projects pursuant to section two hundred seventy-three-a of54 the education law, in amounts certified by such commissioner not to55 exceed a total principal amount of fifty-six million dollars. Notwith-________56 standing the provisions of this subdivision, on and after April first,________________________________________________________________________

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1 two thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________2 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________3 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________4 and shall be issued in accordance with, the provisions of section sixty-________________________________________________________________________5 seven-d of the state finance law providing therefor.____________________________________________________6 § 64. Subdivision 1 of section 1680-m of the public authorities law,7 as amended by section 41 of part PP of chapter 56 of the laws of 2009,8 is amended to read as follows:9 1. Notwithstanding the provisions of any other law to the contrary,10 the authority and the urban development corporation are hereby author-11 ized to issue bonds or notes in one or more series for the purpose of12 funding project costs for construction and rehabilitation associated13 with the cultural education facilities and the St. Regis Mohawk elemen-14 tary school. The aggregate principal amount of bonds authorized to be15 issued pursuant to this section shall not exceed ninety-one million five16 hundred eighty-five thousand dollars, excluding bonds issued to fund one17 or more debt service reserve funds, to pay costs of issuance of such18 bonds, and bonds or notes issued to refund or otherwise repay such bonds19 or notes previously issued. Such bonds and notes of the authority and20 the urban development corporation shall not be a debt of the state, and21 the state shall not be liable thereon, nor shall they be payable out of22 any funds other than those appropriated by the state to the authority23 for principal, interest, and related expenses pursuant to a service24 contract and such bonds and notes shall contain on the face thereof a25 statement to such effect. Except for purposes of complying with the26 internal revenue code, any interest income earned on bond proceeds shall27 only be used to pay debt service on such bonds. Notwithstanding the___________________28 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________29 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________30 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________31 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________32 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________33 en-d of the state finance law providing therefor._________________________________________________34 § 65. Subdivision 3 of section 1285-p of the public authorities law,35 as amended by section 42 of part PP of chapter 56 of the laws of 2009,36 is amended to read as follows:37 3. The maximum amount of bonds that may be issued for the purpose of38 financing environmental infrastructure projects authorized by this39 section shall be eight hundred sixty-seven million five hundred thousand40 dollars, exclusive of bonds issued to fund any debt service reserve41 funds, pay costs of issuance of such bonds, and bonds or notes issued to42 refund or otherwise repay bonds or notes previously issued. Such bonds43 and notes of the corporation shall not be a debt of the state, and the44 state shall not be liable thereon, nor shall they be payable out of any45 funds other than those appropriated by the state to the corporation for46 debt service and related expenses pursuant to any service contracts47 executed pursuant to subdivision one of this section, and such bonds and48 notes shall contain on the face thereof a statement to such effect.49 Notwithstanding the provisions of this subdivision, on and after April________________________________________________________________________50 first, two thousand ten, the amount of state-supported debt, as such________________________________________________________________________51 term is defined in subdivision one of section sixty-seven-a of the state________________________________________________________________________52 finance law, authorized to be issued shall not exceed the amount set________________________________________________________________________53 forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________54 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________

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1 § 66. Subdivision 3 of section 1285-q of the public authorities law,2 as added by section 6 of part I of chapter 1 of the laws of 2003, is3 amended to read as follows:4 3. The maximum amount of bonds that may be issued for the purpose of5 financing hazardous waste site remediation projects authorized by this6 section shall not exceed one billion two hundred million dollars and7 shall not exceed one hundred twenty million dollars for appropriations8 enacted for any state fiscal year, provided that the bonds not issued9 for such appropriations may be issued pursuant to reappropriation in10 subsequent fiscal years. No bonds shall be issued for the repayment of11 any new appropriation enacted after March thirty-first, two thousand12 thirteen for hazardous waste site remediation projects authorized by13 this section. Amounts authorized to be issued by this section shall be14 exclusive of bonds issued to fund any debt service reserve funds, pay15 costs of issuance of such bonds, and bonds or notes issued to refund or16 otherwise repay bonds or notes previously issued. Such bonds and notes17 of the corporation shall not be a debt of the state, and the state shall18 not be liable thereon, nor shall they be payable out of any funds other19 than those appropriated by this state to the corporation for debt20 service and related expenses pursuant to any service contracts executed21 pursuant to subdivision one of this section, and such bonds and notes22 shall contain on the face thereof a statement to such effect. Notwith-________23 standing the provisions of this subdivision, on and after April first,________________________________________________________________________24 two thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________25 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________26 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________27 and shall be issued in accordance with, the provisions of section________________________________________________________________________28 sixty-seven-d of the state finance law providing therefor.__________________________________________________________29 § 67. Paragraph (a) of subdivision 1 of section 1290 of the public30 authorities law, as amended by chapter 366 of the laws of 2004, is31 amended to read as follows:32 (a) The corporation shall have power and is hereby authorized from33 time to time to issue its negotiable or non-negotiable bonds and notes34 in conformity with applicable provisions of the uniform commercial code35 in such principal amount, as, in the opinion of the corporation, shall36 be necessary to provide sufficient funds for achieving its purposes,37 including the acquisition and construction, operation and maintenance of38 sewage treatment works, sewage collecting systems, solid waste disposal39 facilities, storm water collecting systems, water management facilities,40 air pollution control facilities, the removal, disposal and remediation41 of petroleum storage tanks and the remediation of the sites thereof and42 any other project or projects authorized pursuant to the provisions of43 this title, and paying the cost thereof; the making of loans to persons44 and, for purposes of sections twelve hundred eighty-five-j, twelve45 hundred eighty-five-m and twelve hundred eighty-five-o of this title46 only, to any municipality or recipient for such purposes; the making of47 loans, providing of financing or extension of credit to or on behalf of48 beginning farmers for purposes of section twelve hundred eighty-five-r49 of this title only; the financing of the design, acquisition,50 construction, improvement and installation of all or any portion of51 Riverbank Park, provided however, that any such bonds or notes issued to52 finance Riverbank Park shall only be issued in such principal amount as53 shall be necessary to provide sufficient funds for the repayment of54 amounts disbursed pursuant to appropriations or reappropriations under55 chapter fifty-four of the laws of nineteen hundred ninety-one including56 any subsequent reappropriation of the unexpended balance of such appro-

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1 priations or reappropriations for the purpose of Riverbank Park, plus an2 amount sufficient to fund any debt service reserve fund established by3 the corporation for the purpose of Riverbank Park and to provide for the4 payment of fees and other charges and expenses of the corporation in5 connection with such bonds and notes, which principal amount shall6 constitute the statutory ceiling on the amount of bonds and notes that7 can be issued for such purpose; the financing of all or any portion of8 any state park infrastructure project or reimbursement of the state for9 expenditures relating thereto, plus an amount to provide for the payment10 of fees and other charges and expenses of the corporation in connection11 with such bonds and notes; the provision of funds to the state for any12 amounts contributed or to be contributed to the water pollution control13 revolving fund, the pipeline for jobs fund or the drinking water revolv-14 ing fund provided, however, that any such bonds or notes issued to15 provide funds to the water pollution control revolving fund, the pipe-16 line for jobs fund or the drinking water revolving fund shall only be17 issued in such principal amount as shall be necessary to provide suffi-18 cient funds for the repayment of amounts disbursed pursuant to any19 appropriation or reappropriation enacted for the pipeline for jobs fund20 or for the payment of the state match for federal capitalization grants21 for the water pollution control revolving fund or the drinking water22 revolving fund, plus an amount sufficient to fund any debt service23 reserve fund and to provide for fees, charges and other costs of issu-24 ance, which principal amount shall constitute the statutory ceiling on25 the amount of bonds and notes that can be issued for such purpose; the26 financing of any environmental infrastructure projects authorized by27 section twelve hundred eighty-five-p of this title; the purchase of28 municipal bonds and notes, and bonds and notes of a state agency, the29 payment of the cost of any project, the payment of interest on bonds and30 notes of the corporation, the establishment of reserves to secure such31 bonds and notes; the provision of working capital and all other expendi-32 tures of the corporation incident to and necessary or convenient to33 carry out its purposes and powers[;]. Notwithstanding the provisions of____________________________________34 this paragraph, on and after April first, two thousand ten, the amount________________________________________________________________________35 of state-supported debt, as such term is defined in subdivision one of________________________________________________________________________36 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________37 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________38 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________39 law providing therefor._______________________40 § 68. Subdivision 1 of section 1285-l of the public authorities law,41 as added by chapter 55 of the laws of 1992, is amended to read as42 follows:43 1. Notwithstanding the provisions of any general or special law to the44 contrary, the office of parks, recreation and historic preservation or45 the division of the budget, with the approval of the director of the46 budget, and the corporation are each hereby authorized to enter into a47 contract or contracts providing for the financing of the design, acqui-48 sition, construction, improvement and installation of all or any portion49 of any state park infrastructure project or reimbursement to the state50 for costs incurred in connection with a state park infrastructure51 project for and on behalf of the state; and the corporation and the52 office of parks, recreation and historic preservation or the division of53 the budget, with the approval of the director of the budget, may enter54 into a contract, lease, easement, license or other instrument pursuant55 to which the corporation shall make all or any portion of any state park56 infrastructure project available to such state agency. Any such contract

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1 or contracts, lease, easement, license or other instrument shall be upon2 such terms and conditions as the corporation and the state shall deter-3 mine to be reasonable, including, but not limited to, the payment of or4 reimbursement to the corporation for (a) all costs of the corporation in5 financing all or any portion of any state park infrastructure project,6 and any claims arising therefrom, (b) all fees and other charges of, and7 all expenses incurred by, the corporation in connection with the issu-8 ance and administration of any bonds or notes issued by the corporation9 for such purpose, and (c) amounts sufficient to pay all principal,10 premium, if any, and interest on such bonds or notes. Such payment or11 reimbursement may be made annually or otherwise, may be in fixed amounts12 or based on any factors or other matters, or may be made in any other13 manner, as such contract or contracts, lease, easement, license or other14 instrument shall provide. Provided, however, that the net proceeds of15 any such bonds or notes issued shall not exceed sixteen million dollars,16 not including issuance costs, capitalized interest and debt service17 reserve funds. Notwithstanding the provisions of this subdivision, on______________________________________________________18 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________19 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________20 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________21 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________22 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________23 therefor._________24 § 69. Subparagraph (i) of paragraph (b) of subdivision 6 of section25 1854 of the public authorities law, as amended by section 27 of part B26 of chapter 57 of the laws of 1998, is amended to read as follows:27 (i) Notwithstanding the provisions of any general or special law to28 the contrary, the director of the budget and the chair of the authority29 are each authorized to enter into one or more service contracts, and to30 amend or supplement any existing service contract, with respect to31 programs, projects, and activities of the authority pursuant to this32 subdivision, upon such terms as the director of the budget and the chair33 of the authority may agree, including, but not limited to, provisions34 relating to the respective obligations of the state and the authority35 with respect to administration, management, maintenance, and use of the36 real property at the Western New York Nuclear Service Center held by the37 authority, design, construction, modification, operation, and mainte-38 nance of facilities thereon, and implementation of programs, projects,39 or activities to improve or correct conditions thereon, including, but40 not limited to, the West Valley demonstration project, and provisions41 providing for the payment of (A) all fees and charges of, and expenses42 and other non-asset costs of financing incurred by, the authority in43 connection with the issuance and administration of special obligation44 bonds or notes to pay for or reimburse the state with respect to such45 actions, and (B) all debt service payments on such bonds and notes.46 Provided, however, that the aggregate net proceeds of any such bonds or47 notes issued, excluding any bonds or notes issued for the purpose of48 refunding other bonds and notes issued under this subdivision, shall not49 exceed the aggregate of amounts appropriated for such actions in the50 state fiscal year ending March thirty-one, nineteen hundred ninety-three51 and any state fiscal year thereafter up to and including the state52 fiscal year ending March thirty-first, nineteen hundred ninety-nine, not53 including amounts to be applied to the payment of all fees and other54 charges of, and expenses and other non-asset costs of financing incurred55 by, the authority in connection with the issuance and administration of56 such bonds and notes; and, capitalized interest and debt service reserve

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1 funds established for such bonds or notes and the acquisition of insur-2 ance, letters of credit or other credit enhancement or liquidity facili-3 ties obtained in connection with such bonds or notes. Notwithstanding_______________4 the provisions of this subparagraph, on and after April first, two thou-________________________________________________________________________5 sand ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________6 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________7 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________8 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________9 en-d of the state finance law providing therefor._________________________________________________10 § 70. Subdivision (a) of section 93 of chapter 83 of the laws of 1995,11 amending the state finance law and other laws relating to state12 finances, as amended by chapter 309 of the laws of 1996, is amended to13 read as follows:14 (a) Notwithstanding the provisions of section 18 of the New York state15 urban development corporation act, the urban development corporation is16 hereby authorized to issue bonds or notes in an aggregate principal17 amount not to exceed $15,000,000 excluding bonds issued to fund a debt18 service reserve fund, to pay costs of issuance of such bonds, and bonds19 or notes issued to refund or otherwise repay such bonds or notes previ-20 ously issued, for the purpose of the Long Island pine barrens land21 acquisition as authorized by chapter 54 of the laws of 1995 and all22 subsequent reappropriations of the appropriation made pursuant to chap-23 ter 54 of the laws of 1995 for the purpose of the Long Island pine24 barrens land acquisition, and to reimburse the state capital projects25 fund for disbursements made therefor. Such bonds and notes of the26 corporation shall not be a debt of the state, and the state shall not be27 liable thereon, nor shall they be payable out of any funds other than28 those appropriated by the state to the corporation for debt service and29 related expenses pursuant to the service contract and such bonds and30 notes shall contain on the face thereof a statement to such effect.31 Notwithstanding the provisions of this subdivision, on and after April________________________________________________________________________32 first, two thousand ten, the amount of state-supported debt, as such________________________________________________________________________33 term is defined in subdivision one of section sixty-seven-a of the state________________________________________________________________________34 finance law, authorized to be issued shall not exceed the amount set________________________________________________________________________35 forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________36 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________37 § 71. Paragraph (e) of subdivision 1 of section 1290 of the public38 authorities law, as added by section 29 of part K of chapter 81 of the39 laws of 2002, is amended to read as follows:40 (e) Notwithstanding any other law to the contrary, the corporation41 shall not issue any notes or bonds on behalf of any state department or42 agency to fund the removal, disposal and remediation of petroleum stor-43 age tanks and the remediation of the sites thereof or on behalf of the44 office of mental health to finance the pilgrim state sewage treatment45 project, after the thirty-first day of March, nineteen hundred ninety-46 six. This limitation shall not apply to bonds and notes issued to refund47 bonds issued for such purposes. Notwithstanding the provisions of this________________________________________48 paragraph, on and after April first, two thousand ten, the amount of________________________________________________________________________49 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________50 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________51 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________52 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________53 law providing therefor._______________________54 § 72. Subdivision 1 of section 2 of chapter 7 of the laws of 1989,55 authorizing the New York state urban development corporation to assist

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1 the state in restructuring certain payment requirements is amended to2 read as follows:3 (1) Notwithstanding the provisions of section 18 of the UDC act, the4 corporation is hereby authorized, as a civic project of the corporation,5 to issue bonds and notes in an aggregate original principal amount not6 to exceed one hundred thirty-three million dollars ($133,000,000), and7 to make available the proceeds received from the sale of such bonds and8 notes to the New York state office of general services, for the purposes9 of financing the acquisition of interests in state office facilities as10 further authorized by this act. Bonds issued or to be issued for such11 purposes shall be excluded from the foregoing limitation as to the12 aggregate original principal amount if such bonds are issued to refund13 bonds issued for such purposes and the present value of the aggregate14 debt service on the refunding bonds does not exceed the present value of15 the aggregate debt service on the bonds refunded thereby. For purposes16 hereof, the present value of the aggregate debt service of the refunding17 bonds and the aggregate debt service of the bonds refunded, shall be18 calculated by utilizing the true interest cost of the refunding bonds,19 which shall be that rate arrived at by doubling the semi-annual interest20 rate (compounded semi- annually) necessary to discount the debt service21 payments on the refunding bonds from the payment dates thereof to the22 date of issue of the refunding bonds to the purchase price of the23 refunding bonds including interest accrued thereon prior to the issuance24 thereof. Notwithstanding the provisions of this subdivision, on and______________________________________________________________25 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________26 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________27 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________28 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________29 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________30 therefor._________31 § 73. Subdivision 1 of section 342 of chapter 190 of the laws of 199032 amending the tax law relating to certain taxes, fees and other imposi-33 tions, is amended to read as follows:34 (1) Notwithstanding the provisions of section 18 of the UDC act, the35 corporation is hereby authorized to issue bonds, notes or other obli-36 gations in an aggregate principal amount not to exceed two hundred37 million dollars, plus a principal amount of bonds, notes or other obli-38 gations (a) to fund any related debt service reserve fund, or other39 reserve funds as may be needed, (b) to provide capitalized interest, and40 (c) to provide fees and other charges and expenses, including underwrit-41 ers' discount, related to the issuance of such bonds, notes or other42 obligations and the maintenance of such reserves, all as determined by43 the corporation, excluding bonds, notes or other obligations issued to44 refund or otherwise repay bonds, notes or other obligations theretofore45 issued for such purposes. In computing the total principal amount of46 bonds, notes or other obligations that may at any time be issued for any47 purpose under this section, the amount of the outstanding bonds, notes48 or other obligations that constitutes interest under the United States49 Internal Revenue Code of 1986, as amended to the effective date of this50 section, shall be excluded. The corporation is further authorized to51 apply the proceeds received from the sale of such bonds, notes or other52 obligations (except for any portion of such proceeds allocated to the53 payment of costs of issuance, the funding of a debt service reserve fund54 or other reserves as may be needed, or the paying of capitalized inter-55 est) to purchases of interests from the state pursuant to sections three56 hundred thirty-nine through three hundred forty-seven of this act.

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1 Notwithstanding the provisions of this subdivision, on and after April________________________________________________________________________2 first, two thousand ten, the amount of state-supported debt, as such________________________________________________________________________3 term is defined in subdivision one of section sixty-seven-a of the state________________________________________________________________________4 finance law, authorized to be issued shall not exceed the amount set________________________________________________________________________5 forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________6 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________7 § 74. Subdivision (a) of section 27 of part Y of chapter 61 of the8 laws of 2005, providing for the administration of certain funds and9 accounts related to the 2005-2006 budget, as amended by section 43 of10 part PP of chapter 56 of the laws of 2009, is amended to read as11 follows:12 (a) Subject to the provisions of chapter 59 of the laws of 2000, but13 notwithstanding any provisions of law to the contrary, the urban devel-14 opment corporation is hereby authorized to issue bonds or notes in one15 or more series in an aggregate principal amount not to exceed16 $114,100,000, excluding bonds issued to finance one or more debt service17 reserve funds, to pay costs of issuance of such bonds, and bonds or18 notes issued to refund or otherwise repay such bonds or notes previously19 issued, for the purpose of financing capital projects for division of20 state police facilities, debt service and leases; and to reimburse the21 state general fund for disbursements made therefor. Such bonds and notes22 of such authorized issuer shall not be a debt of the state, and the23 state shall not be liable thereon, nor shall they be payable out of any24 funds other than those appropriated by the state to such authorized25 issuer for debt service and related expenses pursuant to any service26 contract executed pursuant to subdivision (b) of this section and such27 bonds and notes shall contain on the face thereof a statement to such28 effect. Except for purposes of complying with the internal revenue code,29 any interest income earned on bond proceeds shall only be used to pay30 debt service on such bonds. Notwithstanding the provisions of this______________________________________31 subdivision, on and after April first, two thousand ten, the amount of________________________________________________________________________32 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________33 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________34 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________35 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________36 law providing therefor._______________________37 § 75. Subdivision (a) of section 28 of part Y of chapter 61 of the38 laws of 2005 providing for the administration of certain funds and39 accounts related to the 2005-2006 budget, is amended to read as follows:40 (a) Subject to the provisions of chapter 59 of the laws of 2000, but41 notwithstanding any provisions of law to the contrary, one or more42 authorized issuers as defined by section 68-a of the state finance law43 are hereby authorized to issue bonds or notes in one or more series in44 an aggregate principal amount not to exceed $15,000,000, excluding bonds45 issued to finance one or more debt service reserve funds, to pay costs46 of issuance of such bonds, and bonds or notes issued to refund or other-47 wise repay such bonds or notes previously issued, for the purpose of48 financing capital projects for public protection facilities in the Divi-49 sion of Military and Naval Affairs, debt service and leases; and to50 reimburse the state general fund for disbursements made therefor. Such51 bonds and notes of such authorized issuer shall not be a debt of the52 state, and the state shall not be liable thereon, nor shall they be53 payable out of any funds other than those appropriated by the state to54 such authorized issuer for debt service and related expenses pursuant to55 any service contract executed pursuant to subdivision (b) of this56 section and such bonds and notes shall contain on the face thereof a

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1 statement to such effect. Except for purposes of complying with the2 internal revenue code, any interest income earned on bond proceeds shall3 only be used to pay debt service on such bonds. Notwithstanding the____________________4 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________5 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________6 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________7 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________8 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________9 en-d of the state finance law providing therefor._________________________________________________10 § 76. Subdivision (a) of section 34 of part K of chapter 81 of the11 laws of 2002 relating to the financing of certain buildings located in12 the city of Albany, as amended by section 21 of part P-2 of chapter 6213 of the laws of 2003, is amended to read as follows:14 (a) Subject to the provisions of chapter 59 of the laws of 2000, but15 notwithstanding the provisions of section 18 of the New York state urban16 development corporation act, the urban development corporation is hereby17 authorized to issue bonds or notes in one or more series in an aggregate18 principal amount not to exceed $89,000,000, excluding bonds issued to19 fund one or more debt service reserve funds, to pay costs of issuance of20 such bonds, and bonds or notes issued to refund or otherwise repay such21 bonds or notes previously issued, for the purpose of financing the22 Alfred E. Smith office building located in the city of Albany, including23 the reimbursement of any disbursements made from the state capital24 projects fund. Such bonds and notes of the corporation shall not be a25 debt of the state, and the state shall not be liable thereon, nor shall26 they be payable out of any funds other than those appropriated by the27 state to the corporation for debt service and related expenses pursuant28 to any service contracts executed pursuant to subdivision (b) of this29 section and such bonds and notes shall contain on the face of thereof a30 statement to such effect. Except for purposes of complying with the31 internal revenue code, any interest income earned on bond proceeds shall32 only be used to pay debt service on such bonds. Notwithstanding the____________________33 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________34 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________35 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________36 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________37 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________38 en-d of the state finance law providing therefor._________________________________________________39 § 77. Subdivision (a) of section 35 of part Y of chapter 61 of the40 laws of 2005 providing for the administration of certain funds and41 accounts related to the 2005-2006 budget, is amended to read as follows:42 (a) Subject to the provisions of chapter 59 of the laws of 2000, but43 notwithstanding the provisions of section 18 of the New York state urban44 development corporation act, the urban development corporation is hereby45 authorized to issue bonds or notes in one or more series in an aggregate46 principal amount not to exceed $25,000,000, excluding bonds issued to47 fund one or more debt service reserve funds, to pay costs of issuance of48 such bonds, and bonds or notes issued to refund or otherwise repay such49 bonds or notes previously issued, for the purpose of financing the Elk50 street parking garage building located in the city of Albany, including51 the reimbursement of any disbursements made from the state capital52 projects fund. Such bonds and notes of the corporation shall not be a53 debt of the state, and the state shall not be liable thereon, nor shall54 they be payable out of any funds other than those appropriated by the55 state to the corporation for debt service and related expenses pursuant56 to any service contracts executed pursuant to subdivision (b) of this

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1 section and such bonds and notes shall contain on the face thereof a2 statement to such effect. Except for purposes of complying with the3 internal revenue code, any interest income earned on bond proceeds shall4 only be used to pay debt service on such bonds. Notwithstanding the___________________5 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________6 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________7 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________8 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________9 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________10 en-d of the state finance law providing therefor._________________________________________________11 § 78. Subdivision (a) of section 48 of part K of chapter 81 of the12 laws of 2002, providing for the administration of certain funds and13 accounts related to the 2002-2003 budget, as amended by section 44 of14 part PP of chapter 56 of the laws of 2009, is amended to read as15 follows:16 (a) Subject to the provisions of chapter 59 of the laws of 2000 but17 notwithstanding the provisions of section 18 of the urban development18 corporation act, the corporation is hereby authorized to issue bonds or19 notes in one or more series in an aggregate principal amount not to20 exceed $25,000,000 excluding bonds issued to fund one or more debt21 service reserve funds, to pay costs of issuance of such bonds, and bonds22 or notes issued to refund or otherwise repay such bonds or notes previ-23 ously issued, for the purpose of financing capital costs related to24 homeland security for the division of state police, the division of25 military and naval affairs, and any other state agency, including the26 reimbursement of any disbursements made from the state capital projects27 fund, and is hereby authorized to issue bonds or notes in one or more28 series in an aggregate principal amount not to exceed $155,800,000,29 excluding bonds issued to fund one or more debt service reserve funds,30 to pay costs of issuance of such bonds, and bonds or notes issued to31 refund or otherwise repay such bonds or notes previously issued, for the32 purpose of financing improvements to State office buildings and other33 facilities located statewide, including the reimbursement of any34 disbursements made from the state capital projects fund. Such bonds and35 notes of the corporation shall not be a debt of the state, and the state36 shall not be liable thereon, nor shall they be payable out of any funds37 other than those appropriated by the state to the corporation for debt38 service and related expenses pursuant to any service contracts executed39 pursuant to subdivision (b) of this section, and such bonds and notes40 shall contain on the face thereof a statement to such effect.41 Except for purposes of complying with the internal revenue code, any42 interest income earned on bond proceeds shall only be used to pay debt43 service on such bonds. Notwithstanding the provisions of this subdivi-_______________________________________________44 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________45 supported debt, as such term is defined in subdivision one of section________________________________________________________________________46 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________47 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________48 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________49 providing therefor.___________________50 § 79. Paragraph (b) of subdivision 3 of section 1680-i of the public51 authorities law, as amended by section 25 of part P-2 of chapter 62 of52 the laws of 2003, is amended to read as follows:53 (b) The dormitory authority shall not issue any bonds or notes in an54 amount in excess of thirty-seven million six hundred thousand dollars55 for the purposes of this section; excluding bonds or notes issued to56 fund one or more debt service reserve funds, to pay costs of issuance of

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1 such bonds, and bonds or notes issued to refund or otherwise repay such2 bonds or notes previously issued. Except for purposes of complying with3 the internal revenue code, any interest on bond proceeds shall only be4 used to pay debt service on such bonds. Notwithstanding the provisions______________________________5 of this paragraph, on and after April first, two thousand ten, the________________________________________________________________________6 amount of state-supported debt, as such term is defined in subdivision________________________________________________________________________7 one of section sixty-seven-a of the state finance law, authorized to be________________________________________________________________________8 issued shall not exceed the amount set forth in, and shall be issued in________________________________________________________________________9 accordance with, the provisions of section sixty-seven-d of the state________________________________________________________________________10 finance law providing therefor._______________________________11 § 80. Paragraph (a) of subdivision 36 of section 1680 of the public12 authorities law, as added by chapter 5 of the laws of 1998, is amended13 to read as follows:14 (a) The dormitory authority is empowered and authorized to enter into15 a lease, sublease, lease purchase, or other agreement with the office of16 general services of the state of New York pursuant to which one or more17 facilities are to be acquired, designed, constructed, reconstructed,18 rehabilitated, improved or otherwise made available for the provision of19 parking facilities for the state of New York in the city of Albany, New20 York and pursuant to which such facilities are to be furnished or21 equipped and in furtherance of such authorization, the commissioner of22 general services is hereby empowered to grant or convey to the dormitory23 authority, such lands as may be necessary for such purposes upon such24 terms and conditions as the commissioner of general services may fix and25 determine provided, however, that any contract or lease for26 construction, reconstruction or rehabilitation authorized by this subdi-27 vision shall be governed by article eight of the labor law. Such lease,28 sublease, lease purchase, or other agreement may provide for the payment29 of annual rentals and other payments by the state of New York on behalf30 of the departments or agencies having occupancy or use thereof to the31 dormitory authority from appropriations as provided in paragraph (c) of32 this subdivision and may contain such other terms and conditions as may33 be agreed upon by the parties thereto, including but not limited to,34 provisions relating to the maintenance and operation of the facilities,35 the establishment of reserve funds, indemnities and the disposition of a36 facility or the interest of the dormitory authority therein, if any,37 prior to or upon termination or expiration of such lease, sublease,38 lease purchase or other agreement. Such lease, sublease, lease purchase,39 or other agreement shall be subject to the approval of the director of40 the budget. Notwithstanding the provisions of this paragraph, on and___________________________________________________________41 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________42 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________43 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________44 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________45 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________46 therefor._________47 § 81. Paragraph (a) of subdivision 35 of section 1680 of the public48 authorities law, as added by chapter 5 of the laws of 1998, is amended49 to read as follows:50 (a) The dormitory authority is empowered and authorized to enter into51 a lease, sublease, lease purchase, or other agreement with the office of52 general services of the state of New York on behalf of the department of53 audit and control of the state of New York pursuant to which one or more54 facilities are to be designed, acquired, constructed, reconstructed,55 rehabilitated, improved or otherwise provided for the department of56 audit and control of the state of New York, the New York state and local

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1 employees' retirement system and the New York state and local police and2 fire retirement system and pursuant to which such facilities are to be3 furnished or equipped provided, however, that any contract or lease for4 construction, reconstruction or rehabilitation authorized by this subdi-5 vision shall be governed by article eight of the labor law. Such lease,6 sublease, lease purchase, or other agreement may provide for the payment7 of annual rentals and other payments by the department of audit and8 control of the state of New York to the dormitory authority from appro-9 priations as provided in paragraph (c) of this subdivision or from10 payments made pursuant to any lease, sublease, lease purchase, or other11 agreement authorized pursuant to paragraph (f) of this subdivision and12 contain such other terms and conditions as may be agreed upon by the13 parties thereto, including but not limited to, provisions relating to14 the maintenance and operation of the facilities, the establishment of15 reserve funds, indemnities and the disposition of a facility or the16 interest of the dormitory authority therein, if any, prior to or upon17 termination or expiration of such lease, sublease or other agreement.18 Such lease, sublease, lease purchase, or other agreement shall be19 subject to the approval of the director of the budget. Notwithstanding_______________20 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________21 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________22 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________23 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________24 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________25 en-d of the state finance law providing therefor._________________________________________________26 § 82. Subdivision 1 of section 1680-n of the public authorities law,27 as added by section 46 of part T of chapter 57 of the laws of 2007, is28 amended to read as follows:29 1. Notwithstanding the provisions of any other law to the contrary,30 the authority and the urban development corporation are hereby author-31 ized to issue bonds or notes in one or more series for the purpose of32 funding project costs for the acquisition of state buildings and other33 facilities. The aggregate principal amount of bonds authorized to be34 issued pursuant to this section shall not exceed one hundred forty35 million dollars, excluding bonds issued to fund one or more debt service36 reserve funds, to pay costs of issuance of such bonds, and bonds or37 notes issued to refund or otherwise repay such bonds or notes previously38 issued. Such bonds and notes of the authority and the urban development39 corporation shall not be a debt of the state, and the state shall not be40 liable thereon, nor shall they be payable out of any funds other than41 those appropriated by the state to the authority and the urban develop-42 ment corporation for principal, interest, and related expenses pursuant43 to a service contract and such bonds and notes shall contain on the face44 thereof a statement to such effect. Except for purposes of complying45 with the internal revenue code, any interest income earned on bond46 proceeds shall only be used to pay debt service on such bonds. Notwith-________47 standing the provisions of this subdivision, on and after April first,________________________________________________________________________48 two thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________49 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________50 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________51 and shall be issued in accordance with, the provisions of section________________________________________________________________________52 sixty-seven-d of the state finance law providing therefor.__________________________________________________________53 § 83. Subdivision 4 of section 66-b of the state finance law, as54 amended by section 45 of part PP of chapter 56 of the laws of 2009, is55 amended to read as follows:

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1 4. Subject to the provisions of chapter fifty-nine of the laws of two2 thousand, but notwithstanding any other provisions of law to the contra-3 ry, the maximum amount of certificates of participation or similar4 instruments representing periodic payments due from the state of New5 York, issued on behalf of state departments and agencies, the city6 university of New York and any other state entity otherwise specified7 after March thirty-first, two thousand three shall be five hundred8 sixty-four million dollars. Such amount shall be exclusive of certif-9 icates of participation or similar instruments issued to fund a reserve10 fund or funds, costs of issuance and to refund outstanding certificates11 of participation. Notwithstanding the provisions of this subdivision,___________________________________________________12 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________13 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________14 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________15 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________16 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________17 ing therefor._____________18 § 84. Subdivision 1 of section 1680-k of the public authorities law,19 as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is20 amended to read as follows:21 1. Subject to the provisions of chapter fifty-nine of the laws of two22 thousand, but notwithstanding any provisions of law to the contrary, the23 dormitory authority is hereby authorized to issue bonds or notes in one24 or more series in an aggregate principal amount not to exceed forty25 million dollars excluding bonds issued to finance one or more debt26 service reserve funds, to pay costs of issuance of such bonds, and bonds27 or notes issued to refund or otherwise repay such bonds or notes previ-28 ously issued, for the purpose of financing the construction of the New29 York state agriculture and markets food laboratory. Eligible project30 costs may include, but not be limited to the cost of design, financing,31 site investigations, site acquisition and preparation, demolition,32 construction, rehabilitation, acquisition of machinery and equipment,33 and infrastructure improvements. Such bonds and notes of such authorized34 issuers shall not be a debt of the state, and the state shall not be35 liable thereon, nor shall they be payable out of any funds other than36 those appropriated by the state to such authorized issuers for debt37 service and related expenses pursuant to any service contract executed38 pursuant to subdivision two of this section and such bonds and notes39 shall contain on the face thereof a statement to such effect. Except for40 purposes of complying with the internal revenue code, any interest41 income earned on bond proceeds shall only be used to pay debt service on42 such bonds. Notwithstanding the provisions of this subdivision, on and___________________________________________________________43 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________44 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________45 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________46 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________47 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________48 therefor._________49 § 85. Subdivision (a) of section 32 of chapter 60 of the laws of 2006,50 relating to providing for administration of certain funds and accounts51 related to the 2006-2007 budget, as amended by section 45 of part RR of52 chapter 57 of the laws of 2008, is amended to read as follows:53 (a) Subject to the provisions of chapter 59 of the laws of 2000, but54 notwithstanding any provisions of law to the contrary, one or more55 authorized issuers as defined by section 68-a of the state finance law56 are hereby authorized to issue bonds or notes in one or more series in

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1 an aggregate principal amount not to exceed $120,500,000, excluding2 bonds issued to finance one or more debt service reserve funds, to pay3 costs of issuance of such bonds, and bonds or notes issued to refund or4 otherwise repay such bonds or notes previously issued, for the purpose5 of financing capital projects for office for technology facilities, debt6 service and leases; and to reimburse the state general fund for7 disbursements made therefor. Such bonds and notes of such authorized8 issuer shall not be a debt of the state, and the state shall not be9 liable thereon, nor shall they be payable out of any funds other than10 those appropriated by the state to such authorized issuer for debt11 service and related expenses pursuant to any service contract executed12 pursuant to subdivision (b) of this section and such bonds and notes13 shall contain on the face thereof a statement to such effect. Except for14 purposes of complying with the internal revenue code, any interest15 income earned on bond proceeds shall only be used to pay debt service on16 such bonds. Notwithstanding the provisions of this subdivision, on and___________________________________________________________17 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________18 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________19 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________20 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________21 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________22 therefor._________23 § 86. Section 1680-o of the public authorities law, as amended by24 section 49-b of part PP of chapter 56 of the laws of 2009, is amended to25 read as follows:26 § 1680-o. Courthouse improvements and training facilities. 1.27 Notwithstanding the provisions of any other law to the contrary, the28 authority and the urban development corporation are hereby authorized to29 issue bonds or notes in one or more series for the purpose of funding30 project costs for eligible courthouse improvements, drug courts, and31 training facilities. The aggregate principal amount of bonds authorized32 to be issued pursuant to this section shall not exceed eighty-five33 million nine hundred thousand dollars, excluding bonds issued to fund34 one or more debt service reserve funds, to pay costs of issuance of such35 bonds, and bonds or notes issued to refund or otherwise repay such bonds36 or notes previously issued. Such bonds and notes of the authority and37 the urban development corporation shall not be a debt of the state, and38 the state shall not be liable thereon, nor shall they be payable out of39 any funds other than those appropriated by the state to the authority40 and the urban development corporation for principal, interest, and41 related expenses pursuant to a service contract and such bonds and notes42 shall contain on the face thereof a statement to such effect. Except for43 purposes of complying with the internal revenue code, any interest44 income earned on bond proceeds shall only be used to pay debt service on45 such bonds. Notwithstanding the provisions of this section, on and________________________________________________________46 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________47 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________48 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________49 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________50 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________51 therefor._________52 § 87. Subdivision 1 of section 16 of part D of chapter 389 of the laws53 of 1997, providing for the financing of the correctional facilities54 improvement fund and the youth facility improvement fund, as amended by55 section 46 of part PP of chapter 56 of the laws of 2009, is amended to56 read as follows:

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1 1. Subject to the provisions of chapter 59 of the laws of 2000, but2 notwithstanding the provisions of section 18 of section 1 of chapter 1743 of the laws of 1968, the New York state urban development corporation is4 hereby authorized to issue bonds, notes and other obligations in an5 aggregate principal amount not to exceed five billion eight hundred6 thirty-seven million eight hundred thousand dollars $5,837,800,000, and7 shall include all bonds, notes and other obligations issued pursuant to8 chapter 56 of the laws of 1983, as amended or supplemented. The proceeds9 of such bonds, notes or other obligations shall be paid to the state,10 for deposit in the correctional facilities capital improvement fund to11 pay for all or any portion of the amount or amounts paid by the state12 from appropriations or reappropriations made to the department of13 correctional services from the correctional facilities capital improve-14 ment fund for capital projects. The aggregate amount of bonds, notes or15 other obligations authorized to be issued pursuant to this section shall16 exclude bonds, notes or other obligations issued to refund or otherwise17 repay bonds, notes or other obligations theretofore issued, the proceeds18 of which were paid to the state for all or a portion of the amounts19 expended by the state from appropriations or reappropriations made to20 the department of correctional services; provided, however, that upon21 any such refunding or repayment the total aggregate principal amount of22 outstanding bonds, notes or other obligations may be greater than five23 billion eight hundred thirty-seven million eight hundred thousand24 dollars $5,837,800,000, only if the present value of the aggregate debt25 service of the refunding or repayment bonds, notes or other obligations26 to be issued shall not exceed the present value of the aggregate debt27 service of the bonds, notes or other obligations so to be refunded or28 repaid. For the purposes hereof, the present value of the aggregate debt29 service of the refunding or repayment bonds, notes or other obligations30 and of the aggregate debt service of the bonds, notes or other obli-31 gations so refunded or repaid, shall be calculated by utilizing the32 effective interest rate of the refunding or repayment bonds, notes or33 other obligations, which shall be that rate arrived at by doubling the34 semi-annual interest rate (compounded semi-annually) necessary to35 discount the debt service payments on the refunding or repayment bonds,36 notes or other obligations from the payment dates thereof to the date of37 issue of the refunding or repayment bonds, notes or other obligations38 and to the price bid including estimated accrued interest or proceeds39 received by the corporation including estimated accrued interest from40 the sale thereof. Notwithstanding the provisions of this subdivision,___________________________________________________41 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________42 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________43 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________44 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________45 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________46 ing therefor._____________47 § 88. Subdivision (a) of section 48 of part K of chapter 81 of the48 laws of 2002, relating to the financing of certain buildings located in49 the city of Albany, as amended by section 44 of part PP of chapter 56 of50 the laws of 2009, is amended to read as follows:51 (a) Subject to the provisions of chapter 59 of the laws of 2000 but52 notwithstanding the provisions of section 18 of the urban development53 corporation act, the corporation is hereby authorized to issue bonds or54 notes in one or more series in an aggregate principal amount not to55 exceed $25,000,000 excluding bonds issued to fund one or more debt56 service reserve funds, to pay costs of issuance of such bonds, and bonds

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1 or notes issued to refund or otherwise repay such bonds or notes previ-2 ously issued, for the purpose of financing capital costs related to3 homeland security for the division of state police, the division of4 military and naval affairs, and any other state agency, including the5 reimbursement of any disbursements made from the state capital projects6 fund, and is hereby authorized to issue bonds or notes in one or more7 series in an aggregate principal amount not to exceed $155,800,000,8 excluding bonds issued to fund one or more debt service reserve funds,9 to pay costs of issuance of such bonds, and bonds or notes issued to10 refund or otherwise repay such bonds or notes previously issued, for the11 purpose of financing improvements to State office buildings and other12 facilities located statewide, including the reimbursement of any13 disbursements made from the state capital projects fund. Such bonds and14 notes of the corporation shall not be a debt of the state, and the state15 shall not be liable thereon, nor shall they be payable out of any funds16 other than those appropriated by the state to the corporation for debt17 service and related expenses pursuant to any service contracts executed18 pursuant to subdivision (b) of this section, and such bonds and notes19 shall contain on the face thereof a statement to such effect.20 Except for purposes of complying with the internal revenue code, any21 interest income earned on bond proceeds shall only be used to pay debt22 service on such bonds. Notwithstanding the provisions of this subdivi-________________________________________________23 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________24 supported debt, as such term is defined in subdivision one of section________________________________________________________________________25 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________26 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________27 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________28 providing therefor.___________________29 § 89. Subdivision 1 of section 17 of part D of chapter 389 of the laws30 of 1997, providing for the financing of the correctional facilities31 improvement fund and the youth facility improvement fund, as amended by32 section 20 of part P-2 of chapter 62 of the laws of 2003, is amended to33 read as follows:34 1. Subject to the provisions of chapter 59 of the laws of 2000, but35 notwithstanding the provisions of section 18 of section 1 of chapter 17436 of the laws of 1968, the New York state urban development corporation is37 hereby authorized to issue bonds, notes and other obligations in an38 aggregate principal amount not to exceed three hundred twenty-eight39 million five hundred fifteen thousand dollars ($328,515,000), which40 authorization increases the aggregate principal amount of bonds, notes41 and other obligations authorized by section 40 of chapter 309 of the42 laws of 1996, and shall include all bonds, notes and other obligations43 issued pursuant to chapter 211 of the laws of 1990, as amended or44 supplemented. The proceeds of such bonds, notes or other obligations45 shall be paid to the state, for deposit in the youth facilities improve-46 ment fund, to pay for all or any portion of the amount or amounts paid47 by the state from appropriations or reappropriations made to the office48 of children and family services from the youth facilities improvement49 fund for capital projects. The aggregate amount of bonds, notes and50 other obligations authorized to be issued pursuant to this section shall51 exclude bonds, notes or other obligations issued to refund or otherwise52 repay bonds, notes or other obligations theretofore issued, the proceeds53 of which were paid to the state for all or a portion of the amounts54 expended by the state from appropriations or reappropriations made to55 the office of children and family services; provided, however, that upon56 any such refunding or repayment the total aggregate principal amount of

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1 outstanding bonds, notes or other obligations may be greater than three2 hundred twenty-eight million five hundred fifteen thousand dollars3 ($328,515,000), only if the present value of the aggregate debt service4 of the refunding or repayment bonds, notes or other obligations to be5 issued shall not exceed the present value of the aggregate debt service6 of the bonds, notes or other obligations so to be refunded or repaid.7 For the purposes hereof, the present value of the aggregate debt service8 of the refunding or repayment bonds, notes or other obligations and of9 the aggregate debt service of the bonds, notes or other obligations so10 refunded or repaid, shall be calculated by utilizing the effective11 interest rate of the refunding or repayment bonds, notes or other obli-12 gations, which shall be that rate arrived at by doubling the semi-annual13 interest rate (compounded semi-annually) necessary to discount the debt14 service payments on the refunding or repayment bonds, notes or other15 obligations from the payment dates thereof to the date of issue of the16 refunding or repayment bonds, notes or other obligations and to the17 price bid including estimated accrued interest or proceeds received by18 the corporation including estimated accrued interest from the sale ther-19 eof. Notwithstanding the provisions of this subdivision, on and after________________________________________________________________20 April first, two thousand ten, the amount of state-supported debt, as________________________________________________________________________21 such term is defined in subdivision one of section sixty-seven-a of the________________________________________________________________________22 state finance law, authorized to be issued shall not exceed the amount________________________________________________________________________23 set forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________24 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________25 § 90. Subdivision 3 of section 1689-h of the public authorities law,26 as added by section 5 of part Y of chapter 62 of the laws of 2003, is27 amended to read as follows:28 3. To obtain funds for the purposes of this subdivision, the authority29 is hereby authorized to issue bonds or notes in an amount not to exceed30 one hundred million dollars excluding bonds issued to fund one or more31 debt service reserve funds, to pay costs of issuance of such bonds, and32 bonds or notes issued to refund or otherwise repay such bonds or notes33 previously issued, for payment of the costs of expedited deployment34 funding in accordance with the provisions of section three hundred thir-35 ty-three of the county law. Notwithstanding the provisions of this______________________________________36 subdivision, on and after April first, two thousand ten, the amount of________________________________________________________________________37 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________38 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________39 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________40 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________41 law providing therefor._______________________42 § 91. Subdivisions (a) and (b) of section 103 of chapter 18 of the43 laws of 2008, amending the racing, pari-mutuel wagering and breeding law44 and other laws relating to racing corporations and associations, are45 amended to read as follows:46 (a) Subject to the provisions of chapter 59 of the laws of 2000, but47 notwithstanding any other provisions of law to the contrary, the urban48 development corporation is hereby authorized to issue bonds or notes in49 one or more series in an aggregate principal amount not to exceed50 $105,000,000, excluding bonds or notes issued to finance one or more51 debt service reserve funds, to pay costs of issuance of such bonds or52 notes and bonds or notes issued to refund or otherwise repay such bonds53 or notes previously issued, for the purpose of financing the acquisition54 of clear title to the Aqueduct, Belmont and Saratoga racetracks and55 related real property through a payment or payments by the state pursu-56 ant to an order of the United States bankruptcy court for the southern

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1 district of New York approving a plan of reorganization of the New York2 racing association. Eligible project costs may include, but not be3 limited to the cost of site acquisition, costs relating to clearance of4 title, professional fees and costs of issuance. Notwithstanding the___________________5 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________6 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________7 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________8 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________9 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________10 en-d of the state finance law providing therefor._________________________________________________11 (b) Subject to the provisions of chapter 59 of the laws of 2000, but12 notwithstanding any other provisions of law to the contrary, the urban13 development corporation is hereby authorized to issue bonds or notes in14 one or more series in an aggregate principal amount not to exceed15 $250,000,000, excluding bonds or notes issued to finance one or more16 debt service reserve funds, to pay costs of issuance of such bonds or17 notes and bonds or notes issued to refund or otherwise repay such bonds18 or notes previously issued, for the purpose of financing the design,19 acquisition, construction and equipment of such structures as may be20 necessary to properly house video lottery terminal gaming at Aqueduct21 racetrack. Eligible project costs may include, but not be limited to,22 the cost of property acquisition, studies, appraisals, surveys, testing,23 environmental impact statements, infrastructure, facility design,24 construction and equipment, costs of leasing space, professional fees25 and costs of issuance. Notwithstanding the provisions of this subdivi-_______________________________________________26 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________27 supported debt, as such term is defined in subdivision one of section________________________________________________________________________28 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________29 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________30 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________31 providing therefor.___________________32 § 92. Subdivision 2 of section 553-b of the public authorities law is33 amended by adding a new paragraph (c) to read as follows:34 (c) Notwithstanding the provisions of this subdivision, on and after______________________________________________________________________35 April first, two thousand ten, the amount of state-supported debt, as________________________________________________________________________36 such term is defined in subdivision one of section sixty-seven-a of the________________________________________________________________________37 state finance law, authorized to be issued shall not exceed the amount________________________________________________________________________38 set forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________39 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________40 § 93. Section 21-e of chapter 432 of the laws of 1997, amending the41 state finance law and other laws relating to the transportation, econom-42 ic development and environmental conservation budget, is amended to read43 as follows:44 § 21-e. Notwithstanding the provisions of any other law to the45 contrary, the authority is hereby authorized to issue bonds or notes in46 one or more series for the purpose of funding project costs or making47 grants, loans or combinations thereof for community enhancement facili-48 ties projects. The aggregate principal amount of bonds authorized to be49 issued pursuant to this section shall not exceed four hundred twenty-50 five million dollars total for all issuing authorities, excluding bonds51 issued to fund one or more debt service reserve funds, to pay costs of52 issuance of such bonds, and bonds or notes issued to refund or otherwise53 repay such bonds or notes previously issued. Such bonds and notes of the54 authority shall not be a debt of the state, and the state shall not be55 liable thereon, nor shall they be payable out of any funds other than56 those appropriated by the state to the authority for debt service and

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1 related expenses pursuant to a service contract and such bonds and notes2 shall contain on the face thereof a statement to such effect. Except3 for purposes of complying with the internal revenue code, any interest4 income earned on bond proceeds shall only be used to pay debt service on5 such bonds. Notwithstanding the provisions of this section, on and________________________________________________________6 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________7 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________8 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________9 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________10 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________11 therefor._________12 § 94. Subdivision (c) of section 7 of chapter 796 of the laws of 1992,13 providing for enhancements to the center for science and technology on14 the campus of Syracuse University and the Cornell super computer center15 on the campus of Cornell University, is amended to read as follows:16 (c) The aggregate amount of the monies granted by the corporation to17 the university shall not exceed six million five hundred thousand18 dollars ($6,500,000). Notwithstanding the provisions of this subdivi-__________________________________________________19 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________20 supported debt, as such term is defined in subdivision one of section________________________________________________________________________21 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________22 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________23 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________24 providing therefor.___________________25 § 95. Subdivision (c) of section 13 of chapter 796 of the laws of26 1992, providing for enhancements to the center for science and technolo-27 gy on the campus of Syracuse University and the Cornell super computer28 center on the campus of Cornell University, is amended to read as29 follows:30 (c) The aggregate principal amount of moneys granted by the corpo-31 ration to the university shall be twelve million three hundred thousand32 dollars ($12,300,000). Notwithstanding the provisions of this subdivi-_______________________________________________33 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________34 supported debt, as such term is defined in subdivision one of section________________________________________________________________________35 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________36 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________37 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________38 providing therefor.___________________39 § 96. Section 4 of chapter 684 of the laws of 1986, relating to40 providing for the construction of the center for computers, microelec-41 tronics and telecommunications on the campus of Columbia University in42 the city of New York, as amended by chapter 796 of the laws of 1992, is43 amended to read as follows:44 § 4. Notwithstanding any general, special or local law, the corpo-45 ration is hereby authorized to lend or otherwise disburse to the univer-46 sity proceeds received from the sale of the bonds and notes of the47 corporation in connection with the development of the center as provided48 herein, provided, that bonds issued for the purposes of this act and any49 renewals thereof shall mature not less than twenty years nor more than50 forty years after the date of issuance thereof or not less than twenty51 years nor more than forty years after the original issuance date of any52 note sold in anticipation of the issuance of any such bond, provided53 that the loan shall be secured by a first mortgage lien on the center,54 and provided further that bonds of an issue, proceeds from which were55 disbursed not as a loan, shall not be subject to subdivision (d) of56 section 15 of this chapter. Notwithstanding the provisions of this__________________________________________

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1 section, on and after April first, two thousand ten, the amount of________________________________________________________________________2 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________3 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________4 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________5 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________6 law providing therefor._______________________7 § 97. Section 15 of chapter 796 of the laws of 1992, providing for8 enhancements to the center for science and technology on the campus of9 Syracuse University and the Cornell super computer center on the campus10 of Cornell University, is amended to read as follows:11 § 15. Notwithstanding the provisions of section 18 of the urban devel-12 opment corporation act, the corporation is hereby authorized to issue13 bonds and notes, in one or more offerings, in an aggregate principal14 amount not to exceed twenty-three million eight hundred thousand dollars15 ($23,800,000), excluding costs of issuance including debt service16 reserve requirements, and to make the proceeds received from the sale of17 such bonds and notes available to Syracuse University, Cornell Universi-18 ty and Columbia University in accordance with the provisions of sections19 two through seven, sections eight through thirteen, and section fourteen20 of this act. Notwithstanding the provisions of this section, on and___________________________________________________________21 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________22 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________23 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________24 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________25 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________26 therefor._________27 § 98. Section 17 of chapter 796 of the laws of 1992, providing for28 enhancements to the center for science and technology on the campus of29 Syracuse University and the Cornell super computer center on the campus30 of Cornell University, is amended to read as follows:31 § 17. There is hereby established under the administration and direc-32 tion of the Urban Development Corporation the Higher Education Applied33 Technology Program. State funding for projects eligible under the Higher34 Education Applied Technology program shall be limited to seventy-five35 million dollars for the period April 1, 1993 through March 31, 1996 and36 made available according to the following schedule:37 1. Long Island University38 Brooklyn Health Technology Center ........................... 14,500,00039 2. Rochester Institute of Technology40 Center for Integrated Manufacturing .......................... 9,500,00041 3. Fordham University42 New University Library and Regional Education Technology43 Center ....................................................... 9,000,00044 4. Rensselaer Polytechnic Institute45 Center for Polymer Synthesis ................................. 4,500,00046 5. State University of New York at Albany47 Center for Environmental Sciences and Technology48 Management .................................................. 10,000,00049 6. City University of New York50 Applied Science Coordinating Institute at the Graduate51 School and University Center ................................ 15,000,00052 7. Marist College53 Small Business Communications Network ........................ 1,000,00054 8. Columbia University55 Center for Disease Prevention ............................... 10,000,00056 9. State University of New York at Binghamton

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1 Incubator Support Laboratory ................................. 1,500,0002 State funding for such programs during such period shall be limited to3 no more than twenty-five million dollars in any fiscal year. Notwith-4 standing section 18 of the urban development corporation act, the Urban5 Development Corporation is hereby authorized to issue bonds for such6 programs in an amount not to exceed seventy-five percent of the total7 funds made available in the Higher Education Applied Technology program,8 excluding costs of issuance including debt service requirements. At9 least twenty-five percent of state funds for such program shall be10 subject to appropriations from the capital projects fund. Notwithstand-_____________11 ing the provisions of this section, on and after April first, two thou-________________________________________________________________________12 sand ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________13 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________14 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________15 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________16 en-d of the state finance law providing therefor._________________________________________________17 § 99. Section 18 of section 1 of chapter 174 of the laws of 1968,18 constituting the New York state urban development corporation act, as19 amended by chapter 839 of the laws of 1987, the schedule as amended by20 chapter 214 of the laws of 1990, is amended to read as follows:21 § 18. Bond authorization. The corporation shall not issue bonds and22 notes in an aggregate principal amount exceeding one billion two hundred23 ninety-five million dollars, excluding (1) bonds and notes issued to24 refund or otherwise repay outstanding bonds and notes of the corporation25 or of the New York state project finance agency, (2) notes issued by the26 corporation to evidence eligible loans made to the corporation pursuant27 to the New York state project finance agency act, and (3) bonds and28 notes issued with the approval of the state director of the budget and29 the New York state public authorities control board which are secured by30 and payable solely out of a specific project, other than a residential31 project, undertaken by the corporation subsequent to June first, nine-32 teen hundred seventy-seven, and the revenues and receipts derived there-33 from, without recourse against other assets of the corporation or34 against a debt service reserve fund to which state funds are apportiona-35 ble pursuant to subdivision three of section twenty of this act,36 provided that the corporation shall not issue bonds or notes pursuant to37 this clause (3) if (a) (i) the arrangements under which the project is38 undertaken do not provide for annual real property taxes, or payments in39 lieu of real property taxes, on the real property included in the40 project securing such bonds or notes which together at least equal the41 average annual real property taxes which were paid with respect to such42 real property for three years prior to the acquisition of such project43 or any portion thereof by the corporation or a subsidiary thereof, and44 (ii) after a public hearing, the local legislative body of the city,45 town or village in which such project is to be located has not consented46 to such arrangements, provided, however, that in a city having a popu-47 lation of one million or more such consent shall be given by the board48 of estimate of such city, or (b) the aggregate principal amount of any49 such bonds and notes is less than twice the amount of any moneys appro-50 priated by the state and made available by the corporation to the51 project securing such bonds and notes, or (c) the aggregate principal52 amount of the bonds and notes issued pursuant to this clause (3) will53 thereby exceed three hundred seventy-nine million dollars, excluding54 bonds and notes issued to refund or otherwise repay outstanding bonds55 and notes issued pursuant to this clause (3), provided, however, that56 the corporation may provide for a pooled financing arrangement with

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1 regard to bonds issued for the purposes of financing the construction of2 the Center for Computers, Microelectronics and Telecommunications at3 Columbia University, the Center for Science and Technology at Syracuse4 University, the Cornell Super Computer Center at Cornell University, the5 Onondaga County Convention Center Complex, the Center for Advanced Mate-6 rials Processing at Clarkson University, the Center for Electro-Optic7 Imaging at University of Rochester, the Center for Neural Science at New8 York University, the Alfred University Incubator Facilities in Allegany9 County and Steuben County, the Broadway Redevelopment Project, and the10 Sematech Semiconductor facility, and, that the aggregate amount of bonds11 which may be issued pursuant to this clause (3) shall be increased above12 the amounts in the following schedule for the purposes of providing for13 the costs of issuance including any debt service reserve requirements14 that may be necessary in accordance with the following schedule:

15 Schedule16 Project Amount17 The Carborundum Company18 Niagara Falls............................ 4,400,00019 Hooker Chemicals & Plastics Corporation20 Niagara Falls............................ 13,500,00021 Moog, Inc.22 Town of Elma............................. 8,925,00023 Sybron Corporation24 Rochester................................ 6,600,00025 Refined Syrups & Sugars, Inc.26 Yonkers.................................. 7,500,00027 Sheraton Hotel28 Utica.................................... 4,300,00029 Urban Renewal Parcel30 Office Building31 Utica.................................... 5,000,00032 Downtown Retail Center33 Binghamton............................... 3,000,00034 American Stock Exchange/Office Facility35 New York City............................ -036 New Printing Plant37 New York City (Bronx).................... 16,000,00038 New Electronics Manufacturing Plant39 New York City (Bronx).................... 8,000,00040 Savin Corporation41 Binghamton............................... 6,000,00042 Industrial Renewal Project43 New York City (Brooklyn)................. 2,700,00044 Manufacturing Plant Expansion45 New York City (Bronx).................... 15,000,00046 Shopping Mall47 City of Buffalo.......................... 2,100,00048 Nettleton Shoe49 Syracuse................................. 2,200,00050 Batten Kill Railroad Project51 Warren/Washington Counties............... 2,250,00052 Carrier Corporation53 Onondaga County.......................... 27,000,00054 Center for Industrial Innovation55 City of Troy............................. 33,000,000

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1 Fordham Plaza2 New York City (Bronx).................... 10,000,0003 Freezer Queen Foods, Inc.4 Buffalo.................................. 2,380,0005 Chelsea Homes Project6 Marlboro (Ulster County)................. 2,700,0007 Columbia University8 Center for Computers, Microelectronics9 and Telecommunications10 City of New York......................... 36,000,00011 Syracuse University12 Center for Science and Technology13 City of Syracuse......................... 27,000,00014 Cornell University15 Cornell Super Computer Center16 City of Ithaca........................... 5,000,00017 Onondaga County Convention18 Center Complex at Syracuse............... 40,000,00019 Clarkson University20 Center for Advance21 Materials Processing..................... 23,500,00022 University of Rochester23 Center for Elector-Optic Imaging......... 10,000,00024 New York University25 Center for Neural Science................ 5,000,00026 Alfred University Incubator Facilities in27 Allegany County and Steuben County....... 10,000,00028 Broadway Redevelopment Project29 at Schenectady........................... 5,500,00030 Albany International31 East Greenbush (Rensselaer County)....... 2,500,00032 Sematech Semi-Conductor Facility33 New York State........................... 40,000,00034 Stony Brook Incubator35 Project.................................. 2,305,00036 -----------37 Total of Schedule...................... $389,360,00038 ============

39 The amounts in the above schedule are interchangeable among the40 projects listed but in no case may be used to fund or initiate any other41 project. Notwithstanding the provisions of this section, on and after______________________________________________________________42 April first, two thousand ten, the amount of state-supported debt, as________________________________________________________________________43 such term is defined in subdivision one of section sixty-seven-a of the________________________________________________________________________44 state finance law, authorized to be issued shall not exceed the amount________________________________________________________________________45 set forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________46 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________47 § 100. Paragraph 6 of subdivision (h) of section 22 of chapter 839 of48 the laws of 1987, constituting the omnibus economic development act of49 1987, is amended to read as follows:50 (6) The aggregate amount of moneys loaned by the corporation to the51 county in connection with the development of the complex shall not52 exceed forty million dollars ($40,000,000). Notwithstanding the____________________53 provisions of this paragraph, on and after April first, two thousand________________________________________________________________________54 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________55 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________

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1 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________2 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________3 en-d of the state finance law providing therefor._________________________________________________4 § 101. Subdivision (a) of section 12-b of chapter 258 of the laws of5 1993, relating to the development of sports facilities, as amended by6 section 3 of part M of chapter 61 of the laws of 2000, is amended to7 read as follows:8 (a) Sports facilities bonds. Notwithstanding the provisions of9 section 18 of the New York state urban development corporation act and10 section 51 of the state finance law, the New York state urban develop-11 ment corporation is hereby authorized to issue bonds or notes in one or12 more series in an aggregate principal amount not exceeding $144,936,000,13 excluding bonds issued to fund a debt service reserve fund, to pay the14 costs of issuance of such bonds, and bonds or notes issued to refund or15 otherwise repay such bonds or notes previously issued, for the purpose16 of making grants or loans to provide assistance for the construction and17 improvement of sports facilities (1) appropriated in chapter 54 of the18 laws of 1994, chapter 55 of the laws of 1996 as added by chapter 53 of19 the laws of 1996 or a chapter of the laws of 2000, (2) reappropriated in20 chapter 54 of the laws of 1995 and all subsequent reappropriations, and21 (3) authorized by this chapter, and to reimburse the state capital22 projects fund for disbursements made therefor, in accordance with the23 following project list:24 Greater Rochester Outdoor Sports Facility25 at High Falls 15,250,00026 Syracuse McArthur Stadium 16,000,00027 Buffalo Sabres 25,000,00028 Auburn 1,715,45029 Batavia 1,400,00030 Dutchess Co. 2,500,00031 Elmira 200,00032 Jamestown 217,50033 Oneonta 150,00034 Utica 400,00035 Watertown 500,00036 Broome Co. Hockey Arena 488,15037 Cooperstown - Baseball Hall of Fame Stadium 125,00038 Newburgh Football Field 2,000,00039 Rochester War Memorial 12,590,00040 Schenectady Tennis Center 500,00041 Soccer Hall of Fame (Oneonta) 4,500,00042 Nassau County Natatorium 24,000,00043 Rich Stadium 8,000,00044 Suffolk County Baseball Stadium 14,400,00045 Rochester Rhino's Stadium 15,000,00046 Such bonds and notes of the corporation shall not be a debt of the47 state, and the state shall not be liable thereon, nor shall they be48 payable out of any funds other than those appropriated by the state to49 the corporation for debt service and related expenses pursuant to the50 service contract and such bonds and notes shall contain on the face51 thereof a statement to such effect. Notwithstanding the provisions of_________________________________52 this subdivision, on and after April first, two thousand ten, the amount________________________________________________________________________53 of state-supported debt, as such term is defined in subdivision one of________________________________________________________________________54 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________55 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________

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1 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________2 law providing therefor._______________________3 § 102. Paragraph (b) of subdivision 5 of section 1680-g of the public4 authorities law, as amended by section 44 of part H of chapter 56 of the5 laws of 2000, is amended to read as follows:6 (b) The dormitory authority shall not issue any bonds or notes in an7 amount in excess of thirty million dollars for the purposes of this8 section; excluding bonds or notes issued to fund one or more debt9 service reserve funds, to pay costs of issuance of such bonds, and bonds10 or notes issued to refund or otherwise repay such bonds or notes previ-11 ously issued. Except for purposes of complying with the internal revenue12 code, any interest on bond proceeds shall only be used to pay debt13 service on such bonds. Notwithstanding the provisions of this paragraph,_________________________________________________14 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________15 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________16 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________17 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________18 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________19 ing therefor._____________20 § 103. Paragraph (b) of subdivision 3 of section 1689-e of the public21 authorities law, as added by section 2 of part Q of chapter 61 of the22 laws of 2000, is amended to read as follows:23 (b) The authority shall not issue any bonds or notes in an amount in24 excess of ten million dollars for the purposes of this subdivision,25 excluding a principal amount of bonds or notes issued to fund one or26 more debt service reserve funds, to pay for the costs of issuance of27 such bonds, and bonds or notes issued to refund or otherwise repay such28 bonds, and bonds or notes previously issued. Except for the purposes of29 complying with the internal revenue code, any interest income earned on30 bond proceeds shall only be used to pay debt service on such bonds or31 notes.32 In computing for the purposes of this subdivision, the aggregate33 amount of indebtedness evidenced by bonds and notes of the authority34 issued pursuant to this subdivision, there shall be excluded the amount35 of such indebtedness represented by such bonds or notes issued to refund36 or otherwise repay bonds or notes, provided that the amount so excluded37 under this paragraph may exceed the principal amount of such bonds or38 notes that were issued to refund or otherwise repay only if the present39 value of the aggregate debt service on the refunding or repayment bonds40 or notes shall not have at the time of their issuance exceeded the pres-41 ent value of the aggregate debt service of the bonds or notes they were42 issued to refund or repay, such present value in each case being calcu-43 lated by using the effective interest rate of the refunding or repayment44 bonds or notes, which shall be that rate arrived at by doubling the45 semi-annual interest rate (compounded semi-annually) necessary to46 discount the debt service payments on the refunding or repayment bonds47 or notes from the payment date thereof to the date of issue of the48 refunding or repayment bonds or notes and to the price bid therefor, or49 to the proceeds received by the dormitory authority from the sale there-50 of, in each case including estimated accrued interest. Notwithstanding_______________51 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________52 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________53 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________54 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________55 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________56 en-d of the state finance law providing therefor._________________________________________________

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1 § 104. Subdivision (a) of section 1 of part H of chapter 61 of the2 laws of 2000, authorizing bonds for the strategic investment program, is3 amended to read as follows:4 (a) Notwithstanding any provisions of law to the contrary, the New5 York state urban development corporation, the dormitory authority of the6 state of New York or the environmental facilities corporation are hereby7 authorized to issue bonds or notes in one or more series in an aggregate8 principal amount not to exceed $225,000,000 excluding bonds issued to9 finance one or more debt service reserve funds, to pay costs of issuance10 of such bonds, and bonds or notes issued to refund or otherwise repay11 such bonds or notes previously issued, for the purpose of making grants,12 loans or combinations thereof for $250,000 or more for environmental13 projects, including the preservation of historically significant places14 in New York state, and projects to conserve, acquire, develop or improve15 parklands, parks or public recreation areas; including economic develop-16 ment projects which will facilitate the creation or retention of jobs or17 increase business activity within a municipality or region of the state;18 including higher education projects; projects to establish new or reha-19 bilitate existing business incubator facilities to accommodate emerging20 or small high technology companies; and arts or cultural projects; and21 to reimburse the state capital projects fund for disbursements made22 therefor. Such bonds and notes of the New York state urban development23 corporation, the dormitory authority of the state of New York or the24 environmental facilities corporation shall not be a debt of the state,25 and the state shall not be liable thereon, nor shall they be payable out26 of any funds other than those appropriated by the state to the New York27 state urban development corporation, the dormitory authority of the28 state of New York or the environmental facilities corporation for debt29 service and related expenses pursuant to any service contract executed30 pursuant to subdivision (b) of this section and such bonds and notes31 shall contain on the face thereof a statement to such effect. Except for32 purposes of complying with the internal revenue code, any interest33 income earned on bond proceeds shall only be used to pay debt service on34 such bonds. Notwithstanding the provisions of this subdivision, on and__________________________________________________________35 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________36 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________37 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________38 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________39 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________40 therefor._________41 § 105. Subdivision (a) of section 1 of part T of chapter 84 of the42 laws of 2002, authorizing the New York state urban development corpo-43 ration and the dormitory authority of the state of New York to issue44 bonds and notes, is amended to read as follows:45 (a) Subject to the provisions of chapter 59 of the laws of 2000, but46 notwithstanding any other provision of law to the contrary, the New York47 state urban development corporation and the dormitory authority of the48 state of New York are hereby authorized to issue bonds or notes in one49 or more series in an aggregate principal amount, subject to the limita-50 tions contained in section eight of this act, not to exceed51 $1,200,000,000 excluding bonds issued to fund one or more debt service52 reserve funds, to pay costs of issuance of such bonds, and bonds or53 notes issued to refund or otherwise repay such bonds or notes previously54 issued, for the purposes of financing project costs authorized under55 this act. Such bonds and notes of the corporation or the dormitory56 authority shall not be a debt of the state and the state shall not be

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1 liable thereon, nor shall they be payable out of any funds other than2 those appropriated by the state to the corporation or the authority for3 debt service and related expenses pursuant to any service contract4 executed pursuant to subdivision (b) of this section, and such bonds5 and notes shall contain on the face thereof a statement to such effect.6 Except for purposes of complying with the internal revenue code, any7 interest income earned on bond proceeds shall only be used to pay debt8 service on such bonds. All of the provisions of the New York state urban9 development corporation act and the dormitory authority act relating to10 bonds and notes which are not inconsistent with the provisions of this11 section shall apply to obligations authorized by this section, including12 but not limited to the power to establish adequate reserves therefore13 and to issue renewal notes or refunding bonds thereof. The issuance of14 any bonds or notes hereunder shall further be subject to the approval of15 the director of the division of the budget. Notwithstanding the___________________16 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________17 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________18 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________19 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________20 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________21 en-d of the state finance law providing therefor._________________________________________________22 § 106. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,23 authorizing the New York state urban development corporation and the24 dormitory authority of the state of New York to issue bonds and notes,25 is amended to read as follows:26 (a) Subject to the provisions of chapter 59 of the laws of 2000, but27 notwithstanding any other provision of law to the contrary, the New York28 State urban development corporation and the dormitory authority of the29 state of New York are hereby authorized to issue bonds or notes in one30 or more series in an aggregate principal amount not to exceed31 $350,000,000 excluding bonds issued to finance one or more debt service32 reserve funds, to pay costs of issuance of such bonds, and bonds or33 notes issued to refund or otherwise repay such bonds or notes previously34 issued, for the purpose of financing economic development projects35 outside cities with a population of one million or more. Such bonds and36 notes of the corporation or the dormitory authority shall not be a debt37 of the state, and the state shall not be liable thereon, nor shall they38 be payable out of any funds other than those appropriated by the state39 to the corporation or the dormitory authority for debt service and40 related expenses pursuant to any service contract executed pursuant to41 subdivision (b) of this section and such bonds and notes shall contain42 on the face thereof a statement to such effect. Except for purposes of43 complying with the internal revenue code, any interest income earned on44 bond proceeds shall only be used to pay debt service on such bonds. All45 of the provisions of the New York state urban development corporation46 act and the dormitory authority act relating to bonds and notes which47 are not inconsistent with the provisions of this section shall apply to48 obligations authorized by this section, including but not limited to the49 power to establish adequate reserves therefor and to issue renewal notes50 or refunding bonds thereof. The issuance of any bonds or notes hereunder51 shall further be subject to the approval of the director of the division52 of the budget. Notwithstanding the provisions of this subdivision, on______________________________________________________53 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________54 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________55 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________56 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________

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1 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________2 therefor._________3 § 107. Subdivision (a) of section 1 of part X of chapter 59 of the4 laws of 2004, authorizing the New York state urban development corpo-5 ration and the dormitory authority of the state of New York to issue6 bonds and notes, is amended to read as follows:7 (a) Subject to the provisions of chapter 59 of the laws of 2000, but8 notwithstanding any other provision of law to the contrary, the New York9 State urban development corporation and the dormitory authority of the10 state of New York are hereby authorized to issue bonds or notes in one11 or more series in an aggregate principal amount not to exceed12 $250,000,000 excluding bonds issued to finance one or more debt service13 reserve funds, to pay costs of issuance of such bonds, and bonds or14 notes issued to refund or otherwise repay such bonds or notes previously15 issued, for the purpose of financing projects cost of the Empire Oppor-16 tunity Fund; Rebuilding the Empire State Through Opportunities in17 Regional Economies (RESTORE) New York Program; and the Community Capital18 Assistance Program authorized pursuant to Part T of chapter 84 of the19 laws of 2002. Such bonds and notes of the corporation or the dormitory20 authority shall not be a debt of the state, and the state shall not be21 liable thereon, nor shall they be payable out of any funds other than22 those appropriated by the state to the corporation or the dormitory23 authority for debt service and related expenses pursuant to any service24 contract executed pursuant to subdivision (b) of this section and such25 bonds and notes shall contain on the face thereof a statement to such26 effect. Except for purposes of complying with the internal revenue27 code, any interest income earned on bond proceeds shall only be used to28 pay debt service on such bonds. All of the provisions of the New York29 state urban development corporation act and the dormitory authority act30 relating to bonds and notes which are not inconsistent with the31 provisions of this section shall apply to obligations authorized by this32 section, including but not limited to the power to establish adequate33 reserves therefor and to issue renewal notes or refunding bonds thereof.34 The issuance of any bonds or notes hereunder shall further be subject to35 the approval of the director of the division of the budget. Notwith-________36 standing the provisions of this subdivision, on and after April first,________________________________________________________________________37 two thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________38 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________39 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________40 and shall be issued in accordance with, the provisions of section________________________________________________________________________41 sixty-seven-d of the state finance law providing therefor.__________________________________________________________42 § 108. Subdivision (a) of section 1 of part T of chapter 59 of the43 laws of 2005, relating to the urban development corporation bonding44 authority, as added by section 3 of part C of chapter 63 of the laws of45 2005, is amended to read as follows:46 (a) Subject to the provisions of chapter 59 of the laws of 2000, but47 notwithstanding any provisions of law to the contrary the urban develop-48 ment corporation or the dormitory authority is hereby authorized to49 issue bonds or notes in one or more series in an aggregate principal50 amount not to exceed $250,000,000 excluding bonds issued to finance one51 or more debt service reserve funds, to pay costs of issuance of such52 bonds, and bonds or notes issued to refund or otherwise repay such bonds53 or notes previously issued, for the purpose of reimbursing the state54 capital projects fund disbursements made pursuant to appropriations for55 the New York state high technology and development program, pursuant to56 a memorandum of understanding to be executed by the governor, the tempo-

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1 rary president of the senate, and the speaker of the assembly, and2 further provided that the proceeds of such bonds or notes are authorized3 to be utilized to finance grants, loans or combinations thereof pursuant4 to the New York state high technology and development program, as appro-5 priated by a chapter of the laws of 2005. Eligible project costs may6 include, but not be limited to the cost of design, financing, site7 acquisition and preparation, demolition, construction, rehabilitation,8 acquisition of machinery and equipment, parking facilities, and infras-9 tructure. Such bonds and notes of such authorized issuers shall not be a10 debt of the state, and the state shall not be liable thereon, nor shall11 they be payable out of any funds other than those appropriated by the12 state to such authorized issuers for debt service and related expenses13 pursuant to any service contract executed pursuant to subdivision (b) of14 this section and such bonds and notes shall contain on the face thereof15 a statement to such effect. Except for purposes of complying with the16 internal revenue code, any interest income earned on bond proceeds shall17 only be used to pay debt service on such bonds. Notwithstanding the____________________18 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________19 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________20 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________21 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________22 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________23 en-d of the state finance law providing therefor._________________________________________________24 § 109. Subdivision (a) of section 1 of part S of chapter 59 of the25 laws of 2005, relating to the authority of the urban development corpo-26 ration and the dormitory authority to issue bonds, as amended by section27 1 of part C of chapter 63 of the laws of 2005, is amended to read as28 follows:29 (a) Subject to the provisions of chapter 59 of the laws of 2000, but30 notwithstanding any provisions of law to the contrary, the urban devel-31 opment corporation or the dormitory authority is hereby authorized to32 issue bonds or notes in one or more series in an aggregate principal33 amount not to exceed $90,000,000 excluding bonds issued to finance one34 or more debt service reserve funds, to pay costs of issuance of such35 bonds, and bonds or notes issued to refund or otherwise repay such bonds36 or notes previously issued, for the purpose of reimbursing the state37 capital projects fund disbursements made pursuant to appropriations for38 the regional economic development program pursuant to a memorandum of39 understanding to be executed by the governor, the temporary president of40 the senate, and the speaker of the assembly. The proceeds of such bonds41 or notes are authorized to be utilized to finance grants, loans or42 combinations thereof pursuant to the regional economic development43 program, as appropriated by a chapter of the laws of 2005. Eligible44 project costs may include, but not be limited to the cost of design,45 financing, site investigations, site acquisition and preparation, demo-46 lition, construction, rehabilitation, acquisition of machinery and47 equipment, and infrastructure improvements. Such bonds and notes of such48 authorized issuers shall not be a debt of the state, and the state shall49 not be liable thereon, nor shall they be payable out of any funds other50 than those appropriated by the state to such authorized issuers for debt51 service and related expenses pursuant to any service contract executed52 pursuant to subdivision (b) of this section and such bonds and notes53 shall contain on the face thereof a statement to such effect. Except54 for purposes of complying with the internal revenue code, any interest55 income earned on bond proceeds shall only be used to pay debt service on56 such bonds. Notwithstanding the provisions of this subdivision, on and__________________________________________________________

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1 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________2 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________3 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________4 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________5 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________6 therefor._________7 § 110. Subdivision (a) of section 1 of part L-1 of chapter 62 of the8 laws of 2003, authorizing the urban development corporation to issue9 bonds, is amended to read as follows:10 (a) Subject to the provisions of chapter 59 of the laws of 2000, but11 notwithstanding the provisions of section 18 of the New York state urban12 development corporation act, the urban development corporation is hereby13 authorized to issue bonds or notes in one or more series in an aggregate14 principal amount not to exceed $50,000,000, excluding bonds issued to15 fund one or more debt service reserve funds, to pay costs of issuance of16 such bonds, and bonds or notes issued to refund or otherwise repay such17 bonds or notes previously issued, for the purpose of making grants,18 loans or combinations thereof for economic development projects which19 will facilitate the creation or retention of jobs or increase business20 activity within downtown Buffalo, the Buffalo inner harbor area or21 surrounding environs; and to reimburse the state capital projects fund22 for disbursements made therefor. Notwithstanding any other provision of23 law to the contrary, such project shall be determined pursuant to a24 memorandum of understanding to be executed by the governor, the tempo-25 rary president of the senate and the speaker of the assembly. Eligible26 project(s) shall include, but not be limited to Hauptman-Woodward27 Medical Research Institute; Buffalo Medical Campus; University of28 Buffalo - Center of Excellence in Bioinformatics; Roswell Park Cancer29 Institute Corporation; and other projects relating to historic preserva-30 tion, Cultural facilities; and transportation projects. Eligible31 project costs may include, but not be limited to the costs of design,32 financing, site acquisition and preparation, working capital, demoli-33 tion, construction, rehabilitation, acquisition of machinery and equip-34 ment, parking facilities, and infrastructure. Such bonds and notes of35 the corporation shall not be a debt of the state and the state shall not36 be liable thereon, nor shall they be payable out of any funds other than37 those appropriated by the state to the corporation for debt service and38 related expenses pursuant to any service contract executed pursuant to39 subdivision (b) of this section, and such bonds and notes shall contain40 on the face thereof a statement to such effect. Except for purposes of41 complying with the internal revenue code, any interest income earned on42 bond proceeds shall only be used to pay debt service on such bonds.43 Notwithstanding the provisions of this subdivision, on and after April________________________________________________________________________44 first, two thousand ten, the amount of state-supported debt, as such________________________________________________________________________45 term is defined in subdivision one of section sixty-seven-a of the state________________________________________________________________________46 finance law, authorized to be issued shall not exceed the amount set________________________________________________________________________47 forth in, and shall be issued in accordance with, the provisions of________________________________________________________________________48 section sixty-seven-d of the state finance law providing therefor.__________________________________________________________________49 § 111. Subdivision (a) of section 55 of part K of chapter 81 of the50 laws of 2002 relating to the financing of certain buildings located in51 the city of Albany, is amended to read as follows:52 (a) Notwithstanding the provisions of section 18 of the New York state53 urban development corporation act, the urban development corporation is54 hereby authorized to issue bonds or notes in one or more series for the55 purpose of funding project costs or making grants, loans or combinations56 thereof for the JOBS Now program, pursuant to appropriations contained

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1 in a chapter or chapters of the laws of 2002 and section 16-h of the2 urban development corporation act, or to reimburse the state capital3 projects fund for disbursements made therefor. The aggregate principal4 amount of bonds authorized to be issued pursuant to this section shall5 not exceed fourteen million three hundred thousand dollars, excluding6 bonds issued to fund one or more debt service reserve funds, to pay7 costs of issuance of such bonds, and bonds or notes issued to refund or8 otherwise repay such bonds or notes previously issued. Such bonds and9 notes of the corporation shall not be a debt of the state, and the state10 shall not be liable thereon, nor shall they be payable out of any funds11 other than those appropriated by the state to the corporation for debt12 service and related expenses pursuant to any service contracts executed13 pursuant to subdivision (b) of this section and such bonds and notes14 shall contain on the face thereof a statement to such effect. Except15 for purposes of complying with the internal revenue code, any interest16 income earned on bond proceeds shall only be used to pay debt service on17 such bonds. Notwithstanding the provisions of this subdivision, on and___________________________________________________________18 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________19 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________20 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________21 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________22 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________23 therefor._________24 § 112. Subdivision (a) of section 1 of part X of chapter 58 of the25 laws of 2006, authorizing the New York state urban development corpo-26 ration and the dormitory authority of the state of New York to issue27 bonds or notes, as amended by section 1 of part J-1 of chapter 109 of28 the laws of 2006, is amended to read as follows:29 (a) Subject to the provisions of chapter 59 of the laws of 2000, but30 notwithstanding any provisions of law to the contrary, the New York31 State Urban Development Corporation or the Dormitory Authority are here-32 by authorized to issue bonds or notes in one or more series in an aggre-33 gate principal amount not to exceed $2,318,000,000 excluding bonds34 issued to finance one or more debt service reserve funds, to pay costs35 of issuance of such bonds, and bonds or notes issued to refund or other-36 wise repay such bonds or notes previously issued, for the purpose of37 making grants, loans or combination thereof for economic development38 projects; university development projects; homeland security projects;39 environmental projects; public recreation projects; initiatives that40 promote academic research and development; projects that improve arts41 and cultural facilities; initiatives, including but not limited to, the42 development of photovoltaic technologies and other research and develop-43 ment regarding fuel diversification, energy conservation and energy44 efficiency in the transportation and energy sector; for a competitive45 solicitation for construction of a pilot cellulosic ethanol refinery;46 Ohel Camp for the Disabled; United Way 2-1-1; Cornell University Equine47 Drug Testing Lab; Pipeline for Jobs; Towns of Bristol and Canandaigua48 Public Water System; Smithtown/Kings Park Psychiatric Center Rehabili-49 tation; Belleayre Mountain Ski Center; State of New York Umbilical Cord50 Blood Bank; Old Gore Mountain Ski Bowl Connection; Brentwood State Park51 Athletic Complex; Adirondack Community Housing Trust; Ogdensburg Psychi-52 atric Center; Fredonia Vineyard Laboratory; Renovation of Housing Facil-53 ities; or to reimburse state capital projects funds for disbursements54 made for such purposes pursuant to an appropriation contained in a chap-55 ter of the laws of 2006. Eligible project costs may include, but not be56 limited to the cost of design, site acquisition and preparation, demoli-

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1 tion, construction, rehabilitation, acquisition of machinery and equip-2 ment, parking facilities, and infrastructure. Such bonds and notes of3 such authorized issuers shall not be a debt of the state, and the state4 shall not be liable thereon, nor shall they be payable out of any funds5 other than those appropriated by the state to such authorized issuers6 for debt service and related expenses pursuant to any service contract7 executed pursuant to subdivision (b) of this section and such bonds and8 notes shall contain on the face thereof a statement to such effect.9 Except for purposes of complying with the internal revenue code, any10 interest income earned on bond proceeds shall only be used to pay debt11 service on such bonds. Notwithstanding the provisions of this subdivi-________________________________________________12 sion, on and after April first, two thousand ten, the amount of state-________________________________________________________________________13 supported debt, as such term is defined in subdivision one of section________________________________________________________________________14 sixty-seven-a of the state finance law, authorized to be issued shall________________________________________________________________________15 not exceed the amount set forth in, and shall be issued in accordance________________________________________________________________________16 with, the provisions of section sixty-seven-d of the state finance law________________________________________________________________________17 providing therefor.___________________18 § 113. Subdivision 11 of section 5-a of chapter 35 of the laws of19 1979, relating to appropriating funds to the New York state urban devel-20 opment corporation, as added by chapter 3 of the laws of 2004, is21 amended to read as follows:22 (11) Financing agreements. The development corporation and the state,23 acting through the director of the budget, are hereby authorized to24 enter into one or more financing agreements with respect to bonds (other25 than hotel bonds) on the terms and conditions as the director of budget26 and the development corporation agree, so as to annually provide to the27 development corporation, in the aggregate, a sum not to exceed the annu-28 al debt service payments and related expenses (including without limita-29 tion financing costs and costs and expenses under ancillary bond facili-30 ties and development corporation credit support agreements) required for31 the bonds secured by a financing agreement and subject to the limita-32 tions of this section. Copies of any such agreements, including any33 amendments thereto shall be submitted to the state comptroller and the34 chairs of the assembly committee on ways and means and the senate35 finance committee. The obligation of the state to fund or to pay the36 amounts provided for in any financing agreement, as in this section37 provided and as shall be provided in the financing agreement, shall not38 constitute a debt of the state within the meaning of any constitutional39 or statutory provision and shall be deemed executory only to the extent40 of monies available; no liability shall be incurred by the state beyond41 the moneys available for such purpose; and such obligation is subject to42 annual appropriation by the legislature. The amounts paid to the devel-43 opment corporation pursuant to any such financing agreement shall be44 used by it solely to pay or provide for debt service payments and45 related expenses as more particularly set forth in the applicable46 financing agreement (including rebate to the federal government of47 certain earnings, if so required). The bonds for which each financing48 agreement is applicable (a) shall be issued with a final maturity of no49 more than thirty years, and (b) may be issued in one or more series in50 an aggregate principal amount not to exceed the sum of $350,000,000,51 excluding the amount determined by resolution of the development corpo-52 ration to be required for refunding the outstanding Jacob K. Javits53 convention center bonds referred to in subdivision one of this section,54 and, excluding bonds issued to fund one or more debt service reserve55 funds and to pay costs of issuance of such bonds, and (c) shall be56 subject to the provisions of article 5-B of the state finance law. It is

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1 hereby determined and found that the development corporation, as a2 subsidiary of the urban development corporation, is an authorized issuer3 pursuant to article 5-C of the state finance law and that the bonds4 secured by a financing agreement, upon issuance in accordance with and5 subject to the provisions of this section, may be issued pursuant to6 such article. Notwithstanding the provisions of this subdivision, on______________________________________________________7 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________8 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________9 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________10 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________11 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________12 therefor._________13 § 114. Subdivision (a) of section 44 of chapter 161 of the laws of14 2005, authorizing the urban development corporation to issue bonds, is15 amended to read as follows:16 (a) Subject to the provisions of chapter 59 of the laws of 2000, but17 notwithstanding any provisions of law to the contrary, the urban devel-18 opment corporation is hereby authorized to issue bonds or notes in one19 or more series in an aggregate principal amount not to exceed20 $74,700,000 excluding bonds issued to finance one or more debt service21 reserve funds, to pay costs of issuance of such bonds, and bonds or22 notes issued to refund or otherwise repay such bonds or notes previously23 issued, for the purpose of financing grants, loans or combinations ther-24 eof for the infrastructure required to enable the construction of a new25 stadium in Queens. Eligible project costs may include, but not be limit-26 ed to the cost of site acquisition, infrastructure, public amenities,27 environmental remediation if required by unusual site conditions, park-28 ing, transit improvements, extraordinary pilings costs, or any other29 item not directly associated with the hard or soft costs of construction30 (or work directly related to the construction) of the new stadium. No31 monies shall be used for construction of the new stadium structure,32 provided, however, an amount no greater than $4,700,000 shall be avail-33 able as a capital reserve for the construction of such stadium. Such34 bonds and notes of such authorized issuer shall not be a debt of the35 state, and the state shall not be liable thereon, nor shall they be36 payable out of any funds other than those appropriated by the state to37 such authorized issuer for debt service and related expenses pursuant to38 any service contract executed pursuant to subdivision (b) of this39 section and such bonds and notes shall contain on the face thereof a40 statement to such effect. Except for purposes of complying with the41 internal revenue code, any interest income earned on bond proceeds shall42 only be used to pay debt service on such bonds. Notwithstanding the___________________43 provisions of this subdivision, on and after April first, two thousand________________________________________________________________________44 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________45 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________46 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________47 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________48 en-d of the state finance law providing therefor._________________________________________________49 § 115. Subdivision (a) of section 45 of chapter 161 of the laws of50 2005, authorizing the urban development corporation to issue bonds, is51 amended to read as follows:52 (a) Subject to the provisions of chapter 59 of the laws of 2000, but53 notwithstanding any provisions of law to the contrary, the urban devel-54 opment corporation is hereby authorized to issue bonds or notes in one55 or more series in an aggregate principal amount not to exceed56 $74,700,000 excluding bonds issued to finance one or more debt service

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1 reserve funds, to pay costs of issuance of such bonds, and bonds or2 notes issued to refund or otherwise repay such bonds or notes previously3 issued, for the purpose of financing grants, loans or combinations ther-4 eof for the infrastructure required to construct a new parking facility5 at a new stadium in the Bronx. Eligible project costs may include, but6 not be limited to the cost of site acquisition, infrastructure, design,7 and construction of a new parking garage. Provided, however, an amount8 no greater than $4,700,000 shall be available as a capital reserve for9 the construction of such stadium. Such bonds and notes of such author-10 ized issuer shall not be a debt of the state, and the state shall not be11 liable thereon, nor shall they be payable out of any funds other than12 those appropriated by the state to such authorized issuer for debt13 service and related expenses pursuant to any service contract executed14 pursuant to subdivision (b) of this section and such bonds and notes15 shall contain on the face thereof a statement to such effect. Except for16 purposes of complying with the internal revenue code, any interest17 income earned on bond proceeds shall only be used to pay debt service on18 such bonds. Notwithstanding the provisions of this subdivision, on and___________________________________________________________19 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________20 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________21 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________22 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________23 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________24 therefor._________25 § 116. Subdivision (a) of section 43 of chapter 161 of the laws of26 2005, authorizing the urban development corporation to issue bonds, is27 amended to read as follows:28 (a) Subject to the provisions of chapter 59 of the laws of 2000, but29 notwithstanding any other provision of law to the contrary, the New York30 state urban development corporation and the dormitory authority of the31 state of New York are hereby authorized to issue bonds or notes in one32 or more series in an aggregate principal amount not to exceed33 $75,000,000 excluding bonds issued to finance one or more debt service34 reserve funds, to pay costs of issuance of such bonds, and bonds or35 notes issued to refund or otherwise repay such bonds or notes previously36 issued, for the purpose of financing economic development projects37 outside cities with a population of one million or more. Such bonds and38 notes of the corporation or the dormitory authority shall not be a debt39 of the state, and the state shall not be liable thereon, nor shall they40 be payable out of any funds other than those appropriated by the state41 to the corporation or the dormitory authority for debt service and42 related expenses pursuant to any service contract executed pursuant to43 subdivision (b) of this section and such bonds and notes shall contain44 on the face thereof a statement to such effect. Except for purposes of45 complying with the internal revenue code, any interest income earned on46 bond proceeds shall only be used to pay debt service on such bonds. All47 of the provisions of the New York state urban development corporation48 act and the dormitory authority act relating to bonds and notes which49 are not inconsistent with the provisions of this section shall apply to50 obligations authorized by this section, including but not limited to the51 power to establish adequate reserves [therefore] therefor and to issue________52 renewal notes or refunding bonds thereof. The issuance of any bonds or53 notes hereunder shall further be subject to the approval of the director54 of the division of the budget. Notwithstanding the provisions of this______________________________________55 subdivision, on and after April first, two thousand ten, the amount of________________________________________________________________________56 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________

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1 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________2 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________3 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________4 law providing therefor._______________________5 § 117. Section 42 of section 1 of chapter 174 of the laws of 1968,6 constituting the New York state urban development corporation act, as7 added by section 54 of part T of chapter 57 of the laws of 2007, is8 amended to read as follows:9 § 42. New York state modernization projects. 1. Notwithstanding the10 provisions of any other law to the contrary, the dormitory authority and11 the corporation are hereby authorized to issue bonds or notes in one or12 more series for the purpose of funding project costs for the Roosevelt13 Island operating corporation related to the modernization of the aerial14 tramway, critical maintenance and improvement projects on Governor's15 Island, redevelopment initiatives at the Harriman research and technolo-16 gy park and USA Niagara and other state costs associated with such17 projects. The aggregate principal amount of bonds authorized to be18 issued pursuant to this section shall not exceed fifty million four19 hundred fifty thousand dollars, excluding bonds issued to fund one or20 more debt service reserve funds, to pay costs of issuance of such bonds,21 and bonds or notes issued to refund or otherwise repay such bonds or22 notes previously issued. Such bonds and notes of the dormitory authority23 and the corporation shall not be a debt of the state, and the state24 shall not be liable thereon, nor shall they be payable out of any funds25 other than those appropriated by the state to the dormitory authority26 and the corporation for principal, interest, and related expenses pursu-27 ant to a service contract and such bonds and notes shall contain on the28 face thereof a statement to such effect. Except for purposes of comply-29 ing with the internal revenue code, any interest income earned on bond30 proceeds shall only be used to pay debt service on such bonds. Notwith-________31 standing the provisions of this section, on and after April first, two________________________________________________________________________32 thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________33 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________34 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________35 and shall be issued in accordance with, the provisions of section________________________________________________________________________36 sixty-seven-d of the state finance law providing therefor.__________________________________________________________37 § 118. Section 41 of section 1 of chapter 174 of the laws of 1968,38 constituting the New York state urban development corporation act, as39 added by chapter 259 of the laws of 2007, is amended to read as follows:40 § 41. International computer chip research and development center. 1.41 Notwithstanding the provisions of any other law to the contrary, the42 urban development corporation is hereby authorized to issue bonds or43 notes in one or more series for the purpose of funding project costs at44 the College of Nanoscale Science and Engineering of the University at45 Albany - State University of New York for the development and/or expan-46 sion of an international computer chip research and development center,47 including but not limited to the construction and renovation, purchase48 and installation of equipment or other state costs associated with the49 project at the College of Nanoscale Science and Engineering of the50 University at Albany - State University of New York. The aggregate51 principal amount of bonds authorized to be issued pursuant to this52 section shall not exceed three hundred million dollars, excluding bonds53 issued to fund one or more debt service reserve funds, to pay costs of54 issuance of such bonds, and bonds or notes issued to refund or otherwise55 repay such bonds or notes previously issued. Such bonds and notes of the56 corporation shall not be a debt of the state, and the state shall not be

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1 liable thereon, nor shall they be payable out of any funds other than2 those appropriated by the state to the corporation for principal, inter-3 est, and related expenses pursuant to a service contract and such bonds4 and notes shall contain on the face thereof a statement to such effect.5 Except for purposes of complying with the internal revenue code, any6 interest income earned on bond proceeds shall only be used to pay debt7 service on such bonds. Notwithstanding the provisions of this section,________________________________________________8 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________9 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________10 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________11 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________12 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________13 ing therefor._____________14 § 119. Subdivision 1 of section 43 of section 1 of chapter 174 of the15 laws of 1968, constituting the New York state urban development corpo-16 ration act, as amended by section 48 of part PP of chapter 56 of the17 laws of 2009, is amended to read as follows:18 1. Notwithstanding the provisions of any other law to the contrary,19 the dormitory authority and the corporation are hereby authorized to20 issue bonds or notes in one or more series for the purpose of funding21 project costs for various economic development and regional initiatives,22 the upstate regional blueprint fund, the downstate revitalization fund,23 the upstate agricultural economic fund, the New York state capital24 assistance program, the New York state economic development assistance25 program and other state costs associated with such projects. The aggre-26 gate principal amount of bonds authorized to be issued pursuant to this27 section shall not exceed one billion three hundred ten million dollars,28 excluding bonds issued to fund one or more debt service reserve funds,29 to pay costs of issuance of such bonds, and bonds or notes issued to30 refund or otherwise repay such bonds or notes previously issued. Such31 bonds and notes of the dormitory authority and the corporation shall not32 be a debt of the state, and the state shall not be liable thereon, nor33 shall they be payable out of any funds other than those appropriated by34 the state to the dormitory authority and the corporation for principal,35 interest, and related expenses pursuant to a service contract and such36 bonds and notes shall contain on the face thereof a statement to such37 effect. Except for purposes of complying with the internal revenue38 code, any interest income earned on bond proceeds shall only be used to39 pay debt service on such bonds. Notwithstanding the provisions of this_______________________________________40 subdivision, on and after April first, two thousand ten, the amount of________________________________________________________________________41 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________42 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________43 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________44 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________45 law providing therefor._______________________46 § 120. Subdivision (a) of section 49-a of part PP of chapter 56 of the47 laws of 2009, authorizing the New York state urban development corpo-48 ration and the dormitory authority of the state of New York to issue49 bonds and notes, is amended to read as follows:50 (a) The New York state urban development corporation and the dormitory51 authority of the state of New York are hereby authorized to issue bonds52 or notes in one or more series in an aggregate principal amount not to53 exceed $83,500,000 excluding bonds issued to finance one or more debt54 service reserve funds, to pay costs of issuance of such bonds, and bonds55 or notes issued to refund or otherwise repay such bonds or notes previ-56 ously issued, for the purpose of financing project costs of the H. H.

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1 Richardson Complex and Darwin Martin House pursuant to an appropriation2 contained in a chapter of the laws of 2006. Such bonds and notes of the3 corporation or the dormitory authority shall not be a debt of the state,4 and the state shall not be liable thereon, nor shall they be payable out5 of any funds other than those appropriated by the state to the corpo-6 ration or the dormitory authority for debt service and related expenses7 pursuant to any service contract executed pursuant to subdivision (b) of8 this section and such bonds and notes shall contain on the face thereof9 a statement to such effect. Except for purposes of complying with the10 internal revenue code, any interest income earned on bond proceeds shall11 only be used to pay debt service on such bonds. All of the provisions12 of the New York state urban development corporation act and the dormito-13 ry authority act relating to bonds and notes which are not inconsistent14 with the provisions of this section shall apply to obligations author-15 ized by this section, including but not limited to the power to estab-16 lish adequate reserves therefor and to issue renewal notes or refunding17 bonds thereof. The issuance of any bonds or notes hereunder shall18 further be subject to the approval of the director of the division of19 the budget. Notwithstanding the provisions of this subdivision, on and___________________________________________________________20 after April first, two thousand ten, the amount of state-supported debt,________________________________________________________________________21 as such term is defined in subdivision one of section sixty-seven-a of________________________________________________________________________22 the state finance law, authorized to be issued shall not exceed the________________________________________________________________________23 amount set forth in, and shall be issued in accordance with, the________________________________________________________________________24 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________25 therefor._________26 § 121. Paragraph a of subdivision 2 of section 1680 of the public27 authorities law, as amended by section 25 of part II of chapter 59 of28 the laws of 2004, is amended to read as follows:29 a. The dormitory authority is hereby authorized and empowered upon30 application of the educational institution concerned to acquire, design,31 construct, reconstruct, rehabilitate and improve, or otherwise provide32 and furnish and equip dormitories and attendant facilities for any33 educational institution, provided that any contract undertaken or34 financed by the dormitory authority for any construction, recon-35 struction, rehabilitation or improvement of any building or structure36 commenced after September first, nineteen hundred seventy-four for the37 Gananda school district or the Gananda educational facilities corpo-38 ration, or any agency, board or commission therein, or any official39 thereof, shall comply with the provisions of section one hundred one of40 the general municipal law and the specifications for such contract may41 provide for assignment of responsibility for coordination of any of the42 contracts for such work to a single responsible and qualified person,43 firm or corporation; provided, however, that all contracts for44 construction of buildings on behalf of Queens Hospital Center shall be45 in conformity with the provisions of section one hundred one of the46 general municipal law; provided that any contracts for the construction,47 reconstruction, rehabilitation or improvement of any public work project48 undertaken by the dormitory authority of any facility for the aged for49 any political subdivision of the state or any district therein or agen-50 cy, department, board or commission thereof, or any official thereof,51 shall comply with the provisions of section one hundred thirty-five of52 the state finance law; and provided further that any contract undertaken53 or financed by the dormitory authority for any construction, recon-54 struction, rehabilitation or improvement of any building commenced after55 January first, nineteen hundred eighty-nine for the department of health

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1 shall comply with the provisions of section one hundred thirty-five of2 the state finance law.3 Each educational institution defined in subdivision one of this4 section, except the department of health of the state of New York,5 shall, when authorized by an appropriate resolution adopted by its6 governing board or, when permitted, adopted by an appropriate committee7 of such governing board, have power: (i) to convey or cause to be8 conveyed to the authority real property or rights in real property9 required in connection with the construction and financing of a dormito-10 ry by the authority for such educational institution; or (ii) to enter11 into agreements or leases or both with the dormitory authority pursuant12 to subdivision sixteen of section sixteen hundred seventy-eight of this13 title and to paragraph e of this subdivision, or both, or, in the case14 of the department of health of the state of New York, providing that15 legislation or appropriations which specifies the facilities to be16 acquired, constructed, reconstructed, rehabilitated or improved for the17 department of health of the state of New York and the total estimated18 costs for each such facility, not to exceed four hundred ninety-five19 million dollars in the aggregate, shall have been approved by the legis-20 lature, the commissioner of health shall have power: (i) to convey or21 cause to be conveyed to the authority real property or rights in real22 property required in connection with the construction and financing of a23 dormitory by the authority for such educational institution; or (ii) to24 enter into agreements or leases or both with the dormitory authority25 pursuant to subdivision sixteen of section sixteen hundred seventy-eight26 of this title and to paragraph e of this subdivision or both. The educa-27 tional institution for which such dormitory and attendant facility is28 intended to be provided shall approve the plans and specifications and29 location of such dormitory and attendant facility. The dormitory author-30 ity shall have the same power and authority in respect to such dormito-31 ries and attendant facilities provided pursuant to this subdivision that32 it has relative to other dormitories. Notwithstanding the provisions of_________________________________33 this paragraph, on and after April first, two thousand ten, the amount________________________________________________________________________34 of state-supported debt, as such term is defined in subdivision one of________________________________________________________________________35 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________36 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________37 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________38 law providing therefor._______________________39 § 122. Paragraph b of subdivision 2 of section 9-a of section 1 of40 chapter 392 of the laws of 1973, constituting the New York state medical41 care facilities finance agency act, as amended by section 49-c of part42 PP of chapter 56 of the laws of 2009, is amended to read as follows:43 b. The agency shall have power and is hereby authorized from time to44 time to issue negotiable bonds and notes in conformity with applicable45 provisions of the uniform commercial code in such principal amount as,46 in the opinion of the agency, shall be necessary, after taking into47 account other moneys which may be available for the purpose, to provide48 sufficient funds to the facilities development corporation, or any49 successor agency, for the financing or refinancing of or for the design,50 construction, acquisition, reconstruction, rehabilitation or improvement51 of mental health services facilities pursuant to paragraph a of this52 subdivision, the payment of interest on mental health services improve-53 ment bonds and mental health services improvement notes issued for such54 purposes, the establishment of reserves to secure such bonds and notes,55 the cost or premium of bond insurance or the costs of any financial56 mechanisms which may be used to reduce the debt service that would be

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1 payable by the agency on its mental health services facilities improve-2 ment bonds and notes and all other expenditures of the agency incident3 to and necessary or convenient to providing the facilities development4 corporation, or any successor agency, with funds for the financing or5 refinancing of or for any such design, construction, acquisition, recon-6 struction, rehabilitation or improvement and for the refunding of mental7 hygiene improvement bonds issued pursuant to section 47-b of the private8 housing finance law; provided, however, that the agency shall not issue9 mental health services facilities improvement bonds and mental health10 services facilities improvement notes in an aggregate principal amount11 exceeding seven billion three hundred sixty-six million six hundred12 thousand dollars, excluding mental health services facilities improve-13 ment bonds and mental health services facilities improvement notes14 issued to refund outstanding mental health services facilities improve-15 ment bonds and mental health services facilities improvement notes;16 provided, however, that upon any such refunding or repayment of mental17 health services facilities improvement bonds and/or mental health18 services facilities improvement notes the total aggregate principal19 amount of outstanding mental health services facilities improvement20 bonds and mental health facilities improvement notes may be greater than21 seven billion three hundred sixty-six million six hundred thousand22 dollars only if, except as hereinafter provided with respect to mental23 health services facilities bonds and mental health services facilities24 notes issued to refund mental hygiene improvement bonds authorized to be25 issued pursuant to the provisions of section 47-b of the private housing26 finance law, the present value of the aggregate debt service of the27 refunding or repayment bonds to be issued shall not exceed the present28 value of the aggregate debt service of the bonds to be refunded or29 repaid. For purposes hereof, the present values of the aggregate debt30 service of the refunding or repayment bonds, notes or other obligations31 and of the aggregate debt service of the bonds, notes or other obli-32 gations so refunded or repaid, shall be calculated by utilizing the33 effective interest rate of the refunding or repayment bonds, notes or34 other obligations, which shall be that rate arrived at by doubling the35 semi-annual interest rate (compounded semi-annually) necessary to36 discount the debt service payments on the refunding or repayment bonds,37 notes or other obligations from the payment dates thereof to the date of38 issue of the refunding or repayment bonds, notes or other obligations39 and to the price bid including estimated accrued interest or proceeds40 received by the authority including estimated accrued interest from the41 sale thereof. Such bonds, other than bonds issued to refund outstanding42 bonds, shall be scheduled to mature over a term not to exceed the aver-43 age useful life, as certified by the facilities development corporation,44 of the projects for which the bonds are issued, and in any case shall45 not exceed thirty years and the maximum maturity of notes or any46 renewals thereof shall not exceed five years from the date of the47 original issue of such notes. Notwithstanding the provisions of this48 section, the agency shall have the power and is hereby authorized to49 issue mental health services facilities improvement bonds and/or mental50 health services facilities improvement notes to refund outstanding51 mental hygiene improvement bonds authorized to be issued pursuant to the52 provisions of section 47-b of the private housing finance law and the53 amount of bonds issued or outstanding for such purposes shall not be54 included for purposes of determining the amount of bonds issued pursuant55 to this section. The director of the budget shall allocate the aggregate56 principal authorized to be issued by the agency among the office of

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1 mental health, office of mental retardation and developmental disabili-2 ties, and the office of alcoholism and substance abuse services, in3 consultation with their respective commissioners to finance bondable4 appropriations previously approved by the legislature. Notwithstanding_______________5 the provisions of this paragraph, on and after April first, two thousand________________________________________________________________________6 ten, the amount of state-supported debt, as such term is defined in________________________________________________________________________7 subdivision one of section sixty-seven-a of the state finance law,________________________________________________________________________8 authorized to be issued shall not exceed the amount set forth in, and________________________________________________________________________9 shall be issued in accordance with, the provisions of section sixty-sev-________________________________________________________________________10 en-d of the state finance law providing therefor._________________________________________________11 § 123. The opening paragraph of section 1680-j of the public authori-12 ties law, as amended by section 54 of part B of chapter 58 of the laws13 of 2005, is amended to read as follows:14 Notwithstanding any other provision of law to the contrary, the dormi-15 tory authority of the state of New York is hereby authorized to issue16 bonds or notes in one or more series in an aggregate principal amount17 not to exceed seven hundred fifty million dollars excluding bonds issued18 to fund one or more debt service reserve funds, to pay costs of issuance19 of such bonds, and bonds or notes issued to refund or otherwise repay20 such bonds or notes previously issued, for the purposes of financing21 project costs authorized under section twenty-eight hundred eighteen of22 the public health law. Of such seven hundred fifty million dollars, ten23 million dollars shall be made available to the community health centers24 capital program established pursuant to section twenty-eight hundred25 seventeen of the public health law. Notwithstanding the provisions of_________________________________26 this section, on and after April first, two thousand ten, the amount of________________________________________________________________________27 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________28 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________29 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________30 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________31 law providing therefor._______________________32 § 124. Subdivision (a) of section 66 of chapter 432 of the laws of33 1997, amending the state finance law and other laws relating to the34 transportation, economic development and environmental conservation35 budget, is amended to read as follows:36 (a) Notwithstanding the provisions of any general or special law to37 the contrary, the dormitory authority is hereby authorized to issue38 bonds or notes in an aggregate principal amount not to exceed forty39 million dollars for the financing of construction, reconstruction,40 improvement, reconditioning, and preservation of airport or aviation41 capital projects at Albany county airport and associated roadwork;42 provided, however, that in addition to such bonds, the authority may43 issue an aggregate principal amount of bonds sufficient to fund any44 reserve funds established in connection therewith, to provide capital-45 ized interest on the bonds or notes, to pay the costs incurred by the46 authority in connection with the issuance and servicing of any such47 bonds, and to refund, advance refund or otherwise repay any bonds or48 notes issued pursuant to this section. Notwithstanding the provisions______________________________49 of this subdivision, on and after April first, two thousand ten, the________________________________________________________________________50 amount of state-supported debt, as such term is defined in subdivision________________________________________________________________________51 one of section sixty-seven-a of the state finance law, authorized to be________________________________________________________________________52 issued shall not exceed the amount set forth in, and shall be issued in________________________________________________________________________53 accordance with, the provisions of section sixty-seven-d of the state________________________________________________________________________54 finance law providing therefor._______________________________55 § 125. Subdivision (b) of section 11 of chapter 329 of the laws of56 1991, amending the state finance law and other laws relating to the

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1 establishment of the dedicated highway and bridge trust fund, as amended2 by section 49 of part PP of chapter 56 of the laws of 2009, is amended3 to read as follows:4 (b) Any service contract or contracts for projects authorized pursuant5 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section6 14-k of the transportation law, and entered into pursuant to subdivision7 (a) of this section, shall provide for state commitments to provide8 annually to the thruway authority a sum or sums, upon such terms and9 conditions as shall be deemed appropriate by the director of the budget,10 to fund, or fund the debt service requirements of any bonds or any obli-11 gations of the thruway authority issued to fund such projects having a12 cost not in excess of $5,860,800,000 cumulatively by the end of fiscal13 year 2009-10. Notwithstanding the provisions of this subdivision, on_________________________________________________________14 and after April first, two thousand ten, the amount of state-supported________________________________________________________________________15 debt, as such term is defined in subdivision one of section sixty-sev-________________________________________________________________________16 en-a of the state finance law, authorized to be issued shall not exceed________________________________________________________________________17 the amount set forth in, and shall be issued in accordance with, the________________________________________________________________________18 provisions of section sixty-seven-d of the state finance law providing________________________________________________________________________19 therefor._________20 § 126. Paragraph (b) of subdivision 1 of section 385 of the public21 authorities law, as amended by section 1 of part G of chapter 60 of the22 laws of 2005, is amended to read as follows:23 (b) The authority is hereby authorized, as additional corporate24 purposes thereof solely upon the request of the director of the budget:25 (i) to issue special emergency highway and bridge trust fund bonds and26 notes for a term not to exceed thirty years and to incur obligations27 secured by the moneys appropriated from the dedicated highway and bridge28 trust fund established in section eighty-nine-b of the state finance29 law; (ii) to make available the proceeds in accordance with instructions30 provided by the director of the budget from the sale of such special31 emergency highway and bridge trust fund bonds, notes or other obli-32 gations, net of all costs to the authority in connection therewith, for33 the purposes of financing all or a portion of the costs of activities34 for which moneys in the dedicated highway and bridge trust fund estab-35 lished in section eighty-nine-b of the state finance law are authorized36 to be utilized or for the financing of disbursements made by the state37 for the activities authorized pursuant to section eighty-nine-b of the38 state finance law; and (iii) to enter into agreements with the commis-39 sioner of transportation pursuant to section ten-e of the highway law40 with respect to financing for any activities authorized pursuant to41 section eighty-nine-b of the state finance law, or agreements with the42 commissioner of transportation pursuant to sections ten-f and ten-g of43 the highway law in connection with activities on state highways pursuant44 to these sections, and (iv) to enter into service contracts, contracts,45 agreements, deeds and leases with the director of the budget or the46 commissioner of transportation and project sponsors and others to47 provide for the financing by the authority of activities authorized48 pursuant to section eighty-nine-b of the state finance law, and each of49 the director of the budget and the commissioner of transportation are50 hereby authorized to enter into service contracts, contracts, agree-51 ments, deeds and leases with the authority, project sponsors or others52 to provide for such financing. The authority shall not issue any bonds53 or notes in an amount in excess of $16.5 billion, plus a principal54 amount of bonds or notes: (A) to fund capital reserve funds; (B) to55 provide capitalized interest; and, (C) to fund other costs of issuance.56 In computing for the purposes of this subdivision, the aggregate amount

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1 of indebtedness evidenced by bonds and notes of the authority issued2 pursuant to this section, as amended by a chapter of the laws of nine-3 teen hundred ninety-six, there shall be excluded the amount of bonds or4 notes issued that would constitute interest under the United States5 Internal Revenue Code of 1986, as amended, and the amount of indebt-6 edness issued to refund or otherwise repay bonds or notes. Notwith-________7 standing the provisions of this paragraph, on and after April first, two________________________________________________________________________8 thousand ten, the amount of state-supported debt, as such term is________________________________________________________________________9 defined in subdivision one of section sixty-seven-a of the state finance________________________________________________________________________10 law, authorized to be issued shall not exceed the amount set forth in,________________________________________________________________________11 and shall be issued in accordance with, the provisions of section________________________________________________________________________12 sixty-seven-d of the state finance law providing therefor.__________________________________________________________13 § 127. Paragraph (a) of subdivision 8 of section 3236 of the public14 authorities law, as amended by chapter 2 of the laws of 1991, is amended15 to read as follows:16 (a) The corporation shall not issue any bonds or notes in an amount in17 excess of four billion seven hundred million dollars, plus a principal18 amount of bonds or notes:19 (i) to fund any capital reserve fund in accordance with the capital20 reserve fund requirement,21 (ii) to provide capitalized interest for a period not to exceed six22 months, and23 (iii) to provide for the payment of fees and other charges and24 expenses, including underwriters' discount, related to the issuance of25 such bonds or notes, or related to the provision of any applicable bond26 or note facilities. Notwithstanding the provisions of this paragraph,___________________________________________________27 on and after April first, two thousand ten, the amount of state-support-________________________________________________________________________28 ed debt, as such term is defined in subdivision one of section sixty-________________________________________________________________________29 seven-a of the state finance law, authorized to be issued shall not________________________________________________________________________30 exceed the amount set forth in, and shall be issued in accordance with,________________________________________________________________________31 the provisions of section sixty-seven-d of the state finance law provid-________________________________________________________________________32 ing therefor._____________33 § 128. Paragraph (a) of subdivision 2 of section 47-e of the private34 housing finance law, as amended by section 47 of part PP of chapter 5635 of the laws of 2009, is amended to read as follows:36 (a) Subject to the provisions of chapter fifty-nine of the laws of two37 thousand, in order to enhance and encourage the promotion of housing38 programs and thereby achieve the stated purposes and objectives of such39 housing programs, the agency shall have the power and is hereby author-40 ized from time to time to issue negotiable housing program bonds and41 notes in such principal amount as shall be necessary to provide suffi-42 cient funds for the repayment of amounts disbursed (and not previously43 reimbursed) pursuant to law or any prior year making capital appropri-44 ations or reappropriations for the purposes of the housing program;45 provided, however, that the agency may issue such bonds and notes in an46 aggregate principal amount not exceeding two billion four hundred twen-47 ty-eight million one hundred forty-one thousand dollars, plus a princi-48 pal amount of bonds issued to fund the debt service reserve fund in49 accordance with the debt service reserve fund requirement established by50 the agency and to fund any other reserves that the agency reasonably51 deems necessary for the security or marketability of such bonds and to52 provide for the payment of fees and other charges and expenses, includ-53 ing underwriters' discount, trustee and rating agency fees, bond insur-54 ance, credit enhancement and liquidity enhancement related to the issu-55 ance of such bonds and notes. No reserve fund securing the housing56 program bonds shall be entitled or eligible to receive state funds

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S. 6606 343 A. 9706

1 apportioned or appropriated to maintain or restore such reserve fund at2 or to a particular level, except to the extent of any deficiency result-3 ing directly or indirectly from a failure of the state to appropriate or4 pay the agreed amount under any of the contracts provided for in subdi-5 vision four of this section. Notwithstanding the provisions of this_________________________________________6 paragraph, on and after April first, two thousand ten, the amount of________________________________________________________________________7 state-supported debt, as such term is defined in subdivision one of________________________________________________________________________8 section sixty-seven-a of the state finance law, authorized to be issued________________________________________________________________________9 shall not exceed the amount set forth in, and shall be issued in accord-________________________________________________________________________10 ance with, the provisions of section sixty-seven-d of the state finance________________________________________________________________________11 law providing therefor._______________________12 § 129. Subdivision (a) of section 2 of part R-1 of chapter 109 of the13 laws of 2006 relating to dormitory authority bonds, is amended to read14 as follows:15 (a) Subject to the provisions of chapter 59 of the laws of 2000, the16 New York state thruway authority is hereby authorized to issue bonds or17 notes in one or more series in an aggregate principal amount not to18 exceed $22,000,000 excluding bonds issued to fund one or more debt19 service reserve funds, to pay costs of issuance of such bonds, and bonds20 or notes issued to refund or otherwise repay such bonds or notes previ-21 ously issued, for the purpose of financing capital costs related to high22 speed rail projects for the department of transportation, including the23 reimbursement of any disbursements made from the state capital projects24 fund. Such bonds and notes of the authority shall not be a debt of the25 state, and the state shall not be liable thereon, nor shall they be26 payable out of any funds other than those appropriated by the state of27 the authority for debt service and related expenses pursuant to any28 service contracts executed pursuant to subdivision (b) of this section,29 and such bonds and notes shall contain on the face thereof a statement30 to such effect. Except for purposes of complying with the internal31 revenue code, any interest income earned on bond proceeds shall only be32 used to pay debt service on such bonds. Notwithstanding the provisions_______________________________33 of this paragraph, on and after April first, two thousand ten, the________________________________________________________________________34 amount of state-supported debt, as such term is defined in subdivision________________________________________________________________________35 one of section sixty-seven-a of the state finance law, authorized to be________________________________________________________________________36 issued shall not exceed the amount set forth in, and shall be issued in________________________________________________________________________37 accordance with, the provisions of section sixty-seven-d of the state________________________________________________________________________38 finance law providing therefor._______________________________39 § 130. This act shall take effect immediately and shall be deemed to40 have been in full force and effect on and after April 1, 2010, provided,41 however, that:42 (a) section forty-two of this act shall be deemed to have been in full43 force and effect on and after April 1, 2008;44 (b) sections one, two, three, four, five, six, seven, eight, nine,45 ten, eleven, twelve, eighteen, and nineteen through twenty-nine of this46 act shall expire March 31, 2011, when, upon such date, the provisions of47 such sections shall be deemed repealed;48 (c) the amendments to subdivision 5 of section 97-rrr of the state49 finance law made by section fifteen of this act shall not affect the50 expiration of such subdivision and shall be deemed to expire therewith;51 (d) the amendments to paragraph (a) of subdivision 5 of section 236-a52 of the education law, made by section fifty-eight of this act, shall not53 affect the repeal of such section and shall be deemed repealed there-54 with; and

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S. 6606 344 A. 9706

1 (e) sections thirty-seven and fifty-eight-a of this act shall be2 deemed to have been in full force and effect on and after March 31,3 2010.4 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-5 sion, section or part of this act shall be adjudged by any court of6 competent jurisdiction to be invalid, such judgment shall not affect,7 impair, or invalidate the remainder thereof, but shall be confined in8 its operation to the clause, sentence, paragraph, subdivision, section9 or part thereof directly involved in the controversy in which such judg-10 ment shall have been rendered. It is hereby declared to be the intent of11 the legislature that this act would have been enacted even if such12 invalid provisions had not been included herein.13 § 3. This act shall take effect immediately provided, however, that14 the applicable effective date of Parts A through JJ of this act shall be15 as specifically set forth in the last section of such Parts.

Documents

2010-11 NYS Executive Budget Public Protection and General Government Article VII … · ARTICLE VII LEGISLATION 2010-11 NEW YORK STATE EXECUTIVE BUDGET PUBLIC PROTECTION AND GENERAL